Gnana Shekaran v. State Rep.By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY Gnana Shekaran ... Petitioner/ Accused No.1 vs.

1.

State rep. by, The Inspector of Police, W-8, All Womens Police Station, Thirumangalam, Chennai.

2.

Keerthika Rajkumar ... Respondents Prayer: This Criminal Original Petition has been filed under Section 528 of BNS, to call for the records in C.C.No.274 of 2022 pending on the file of the Learned Judicial Magistrate, Ambattur and quash the final report against the petitioner.

For Petitioner : Mr. P. Kavin Prabhu For R1 : Dr. C.E. Pratap, Government Advocate (Crl. Side) For R2 : Mr. S. Praveennath ****** 1/4

O R D E R

The petition is filed to quash the proceedings in C.C.No.274 of 2022 pending on the file of the learned Judicial Magistrate, Ambattur on the ground of compromise.

2. It can be seen that earlier, when the other accused in the very same matrimonial proceedings approached this Court, the matter was referred to Mediation and a Memorandum of Understanding has been entered into between the petitioner/ husband and the wife.

3. The learned counsel for the respondent/ wife would submit that tomorrow is the date on which the Section17-B petition for divorce by mutual consent is posted.

4.

Considering the fact that, when the parties have agreed to peacefully part ways, when both sides have so far acted upon the Memorandum of Understanding and compromise and so long as they act upon the same, there is no error what so ever in quashing the criminal case by invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure 2/4

by following the dictum of the Hon'ble Supreme Court in B.S. Joshi and others vs. State of Haryana and another [2003 (4) SCC 675]. The undertaking that the husband will co-operate for the final hearing of the divorce is recorded. 5.

In view the undertaking, this criminal original petition stands allowed.

07.08.2025 stn To 1.

The Inspector of Police, W-8, All Womens Police Station, Thirumangalam, Chennai.

2.

The Public Prosecutor, High Court of Madras.

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D. BHARATHA CHAKRAVARTHY, J.

stn 07.08.2025 4/4