Mrs. Aarthy, W/O.Mr.Houman, v. State, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2020
CORAM:
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.Nos.19804 & 20366 of 2017 and Crl.M.P.Nos.11943, 15604, 11944, 12212, 12213, 15605 of Aarthy ..
Petitioner/Accused 3 in Crl.O.P.No.19804 of 2017 1.Dr.Anand Narasingam 2.Ranjanie Parimalai ..
Petitioners/AA 1 & 2 in Crl.O.P.No.20366 of 2017 Vs.
1.State represented by The Inspector of Police, All Women Police Station, Mylapore, Chennai.
(Crime No.4 of 2017) .. Respondent/Complainant in both petitions 2.Dr.Divya Natrajan ..
Respondent/de facto complainant in both petitions Common Prayer: Criminal Original Petitions filed under Section 482 Cr.P.C. to call for the records in C.C.No.4862 of 2017 on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai and quash the same.
For Petitioners in both petitions : Mr.V.R.Appaswamee for Mr.Muthumani Doraisami For R1 in both petitions : Mrs.P.Kritika Kamal Government Advocate (Crl.Side) For R2 in both petitions : Mr.K.Chandrasekaran COMMON ORDER These criminal original petitions have been filed seeking to call for the records in C.C.No.4862 of 2017 on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai and
quash the same.
2.
Dr.Anand Narasingam got married to Dr.Divya Natrajan on 27.08.2015 and their marriage ran into a rough weather, resulting in several litigations between them. 3.
On a complaint lodged by Dr.Divya Natrajan, the first respondent/police registered a case in Crime No.4 of 2017 and after completing the investigation, filed a charge sheet in C.C.No.4862 of 2017 before the XVIII Metropolitan Magistrate Court, Saidapet, Chennai, against Dr.Anand Narasingam (A1), Rajanie Parimalai (A2) and Aarthy (A3), for the offences under Sections 498-A and 406 IPC and Section 4 of the Dowry Prohibition Act, 1961, for quashing which, the accused have filed these two quash petitions, on the ground that the parties have arrived at a compromise.
4.
Dr.Divya Natrajan has filed individual affidavits dated 26.09.2020 in Crl.O.P.Nos.19804 & 20366 of 2017, respectively, wherein, in paragraph no.5, it is stated as follows:
"5.
I humbly submit that considering the betterment and my further peaceful life and since the matter was amicably settled between us, the continuation of criminal proceedings against the petitioners is unwarranted and unsustainable. Therefore, I hereby give my consent and willingness to quash case in C.C.No.4862 of 2017 on the file of the XVIII M.M.Court, Saidapet, Chennai, in connection with which, Crime No.4 of 2017 on the file of the 1st respondent police. I am filing this affidavit voluntarily on my own willingness and without any threat, coercion or influence."
In view of the above, these criminal original petitions are allowed and the prosecution in C.C.No.4862 of 2017 on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai, is hereby quashed against all the accused. Connected Crl.M.Ps. are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsd
To 1.The XVIII Metropolitan Magistrate, Saidapet, Chennai.
2.The Inspector of Police, All Women Police Station, Mylapore, Chennai.
3.The Public Prosecutor, Madras High Court, Chennai - 600 104.
Copy To 1.The Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai 8.
2.The Judge, Family Court, Chennai.
+2cc to Mr.V.R.Appaswamee, Advocate, S.R.No.39387 +1cc to Mr.V.R.Appaswamee, Advocate, S.R.No. 39389 Crl.O.P.Nos.19804 & 20366 of 2017 LN(CO) GN(29/12/2020)