E.Raja, M/40 Years v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 10.08.2018
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.19925 of 2018
1. E.Raja
2. N. Elumalai
3. E. Nagarathinam ... Petitioners Vs
1. The State Rep by sub Inspector of Police, W -22, All Women Police Station, Mylapore, Chennai.
(Crime No. 05/2014)
2. Thilagavathy ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and quash the Charge Sheet pending trial in C.C. No. 5696 of 2014 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai.
For Petitioner : Mr.R.Radha Pandian For R1 : Mrs.M. Prabhavathi, APP For R2 : Mr.S.N.Ravikumar
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.5696 of 2014 on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai.
2.Thilagavathy got married to Raja on 09.02.2007. On account of matrimonial discord, they got estranged. On the complaint lodged by Thilagavathy, the first respondent registered a case in Crime No.5 of 2014, after completing the investigation, have filed a Charge Sheet in C.C.No.5696 of 2014 before the XVIII Metropolitan Magistrate, Saidapet, Chennai for the offences under Sections 498(A), 323, 406 of IPC against the petitioners, for quashing which, this petition has been filed on the ground that the parties have arrived at a compromise.
3.Mr.S.N.Ravikumar, learned counsel has entered appearance for the second respondent/Thilagavathy.
4.The petitioners and the second respondent are present before this Court and they are identified by their respective counsels. The parties have filed joint memo of compromise dated 25.07.2018, wherein, it is stated as follows: "The petitioners submit that the 2nd respondent/Defacto Complainant and the petitioner/Accused No.1 having two children namely R.Harshitha and R.Puviyan, both are studying 5th and 3rd standard respectively, in Chennai Public School and considering the paramount interest of the children and welfare of the family both are decided to lead their marital life together in a separate rented house and considering the age of the 2nd and 3rd Petitioners, the petitioner no.1 assures to find out the house for rent in the convenient area near to Adyar within two months and in the meantime, he undertakes to oblige the court order on interim maintenance and also, to meet out basic need and requirement of the wife and children, and based on the compromise, the 2nd respondent withdrew the DVC. No. 5 of 2013 on the file of Judicial Magistrate, Ambattur dated 14.07.2018.
The petitioners submits that now with the help of elders of both families of 1st the petitioner and 2nd respondent, they have compromised each other and they have settled the issues amicably between themselves, and the 2nd respondent/complainant also does not want to proceed further in the above matter.
Hence it is prayed that this Court may be pleased to permit the petitioners/accused 1-3 and 2nd respondent/ the defacto complainant to compromise the above matter since 1st petitioner and 2nd respondent are reunited and thus render justice."
5.In view of the above, this petition is allowed and the proceedings in C.C.No.5696 of 2014 is hereby quashed, on condition that the petitioners pay a sum of Rs.1,000/- each to the credit of the Chief Justice Relief Fund [payable in Accounts Section of the High Court Registry], within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar
To 1.XVIII Metropolitan Magistrate, Saidapet, Chennai.
2.The State Rep by sub Inspector of Police, W -22, All Women Police Station, Mylapore, Chennai.
3.The Section Officer, Accounts Section, High Court, Madras.
4.The Public Prosecutor, High Court, Madras.
+1cc to M/s.R.Radhapandian, Advocate SR.NO.54988 NM(CO) sm:30.8.2018 CRL.O.P.No.19925 of 2018