G.Ganesh, (M) 42 Years v. Ms.R.Sangeetha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.24458 of 2016 1 S. Ganesh 2 N. Govindaswamy 3 Bharathi 4 S. Sudha 5 B. Srikumaran 6 D. Uma 7 Dhanasekaran Petitioners / Accused NO.1 TO 5 & 7 TO 8 vs.
The State by the Inspector of Police W1 All Women Police Station St. Thomas Mount Chennai 600 016 (R1 impleaded vide order dated 09.11.2016 passed in Crl.M.P. No.12012 of 2016) R. Sangeetha Respondents Criminal Original Petition filed under Section 482, Cr.P.C. seeking to call for the records and quash the C.C. No.854 of 2012 on the file of the Judicial Magistrate Court, Alandur. For petitioners :
Ms. M. Sneha For R1 :
Mr. C. Emalias, Addl. Public Prosecutor For R2 :
Ms. P.K. Shanthirubini
ORDER
This Criminal Original Petition has been filed seeking to call for the records and quash the C.C. No.854 of 2012 on the file of the Judicial Magistrate Court, Alandur.
For the sake of convenience, the parties are referred to by their name.
On the complaint of one Sangeetha, the second respondent herein, the first respondent police registered a case in Cr. No.10 of 2011 on 21.07.2011 and after completing the investigation, filed a final report in C.C. No.854 of 2012 before the Judicial Magistrate Court, Alandur, for offences under Sections 498-A and 506 (I) IPC and 4 of the Dowry Prohibition Act against Ganesh and six others, challenging which, the accused are before this Court on the ground that they have arrived at a compromise with Sangeetha (de facto complainant).
`Today, Ganesh (A1) and Sangeetha (de facto complainant) are present before this Court and they are identified by their respective counsel.
It is seen that Ganesh (A1) has filed H.M.O.P. No.482 of 2012 against Sangeetha (de facto complainant) before the SubCourt, Tambaram, seeking divorce and during the pendency of the divorce proceedings, they have arrived at a compromise, pursuant to which, decree of divorce has also been passed on 20.06.2016. In the joint compromise memo dated 19.07.2016 filed by Ganesh (A1) and Sangeetha (de facto complainant), they have stated as follows: "It is submitted that both the parties agree to withdraw the civil and criminal proceedings pending against each other and shall not file any such in future. The respondent undertakes to withdraw the complaint preferred by her in Cr.No.10 of 2011 on the file of All Women Police Station, St. Thomas Mount and agrees to give consent to quash the C.C. No.
854/2012 on the file of the Hon'ble Judicial Magistrate, Alandur on the hearing before the Hon'ble High Court, Madras. It is submitted that the respondent received the sum of Rs.50,000/- by way of cash and the petitioner undertake to pay the balance amount of Rs.3,50,000/- to the respondent by way of demand draft (D.D. No.324426Indian Overseas Bank, Zamin Pallavaram Branch) on the appearance of the respondent before the Hon'ble High Court Madras for quash of C.C. No.854/2012."
Pursuant to the joint memo of compromise, the balance consideration of Rs.3,50,000/- has been handed over to Sangeetha (de facto complainant) in the open court today by way of demand draft bearing no.324574 dated 21.09.2016 drawn on Indian Overseas Bank, Zamin Pallavaram Branch.
In view of the above, the proceedings in C.C. No.854 of 2012 on the file of the Judicial Magistrate Court, Alandur, is quashed against all the accused, including those who have not approached this Court and this Criminal Original Petition is allowed.
cad Sd/- Assistant Registrar (CS II) /TRUE COPY/ Sub-Assistant Registrar To The Judicial Magistrate Court Alandur The Chief Judicial Magistrate, Kancheepuram.
The Inspector of Police, W1 All Women Police Station, St. Thomas Mount, Chennai 600 016.
The Public Prosecutor Madras High Court Chennai 600 104.
+1CC to MR.J.RAVINDRAN Advocate SR.NO.64751 Crl.O.P. No.24458 of 2016 VGI MK:26/12/2016