S.Shyamsundar @ Parthasarathy v. K.S.Anushree @ Sundaravalli,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.08.2017
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.24440 of 2016 and Crl.M.P.Nos.11675 & 11676 of 2016 & 6780 of 2017
1. S. Shyamsundar @ Parthasarathy
2. S. Sudagar
3. T. Brinda ..Petitioners Vs K.S.Anushree @ Sundaravalli ..Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in D.V.C.No.168/2016 on the file of Learned Additional Mahila Court, Allikulam, Chennai -3 and quash the same in so far as this petitioner is concerned.
For Petitioners : Mr.R. Meenakshi For Respondent : Mr.A.Loba Mudra - - - -
O R D E R
The prayer sought for in the present petition is to call for the records in D.V.C.No.168/2016 on the file of Learned Additional Mahila Court, Allikulam, Chennai -3 and quash the same.
2. Pending the proceedings in this Criminal Original Petition, the respondent as well as the petitioners have amicably resolved the dispute among themselves. The terms of the settlement has been determined under the Joint Memo of Compromise dated 30.08.2017.
3. The defacto complainant as well as the petitioners are personally present before this Court and are identified.
4. The defacto complainant has also filed an affidavit dated 30.08.2017 stating that she has no objection if the proceedings under the Domestic Violence Act case in D.V.C.No.168 of 2016 on the file of the learned Additional Mahila Court, Allikulam, Chennai -3, is quashed.
5. Recording the submissions made in the affidavit as well as in the terms and conditions recorded in the Joint Memo of Compromise dated 30.08.2017, the Criminal Original Petition stands allowed.
Consequently, the proceedings in D.V.C.No.168/2016 on the file of Learned Additional Mahila Court, Allikulam, Chennai -3 is quashed. Consequently, connected miscellaneous petitions are closed.
6. It is made clear that both parties shall adhere to the terms arrived at between themselves in the joint Compromise Memo. In case, there is any default in the payments to be made to the defacto complainant, she would be at liberty to proceed against the petitioners by way of a fresh case under the Domestic Violence Act. 30.08.2017 Index:Yes nl/mrp
M.S.RAMESH.J, nl/mrp Crl.O.P.No.24440 of 2016 30.08.2017