P.Arivalagan v. The Sub Inspector Of Police

BEFORE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.1371 OF 2015 1.P.Arivalagan 2.P.Angayarkanni 3.Pon.Pugalendran .. Petitioners/A1 to A3 Vs.

1.The Sub Inspector of Police, Oomatchikulam Police Station, Madurai District.

(In Crime No.830/2014) ..1st Respondent/Complainant 2.R.Balakrishnan ..2nd Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records of the FIR in Crime No.830 of 2014 pending on the file of the first respondent and quash the same and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioners :

Mr.C.Arul Vadivel Alias Sekar For Respondent 1 :

Mr.K.V.Rajarajan Government Advocate,(Crl. Side) For Respondent 2 :

Mr.K.P.Thiagarajan ******

O R D E R

The petition has been filed to call for the records relating to FIR in Crime No.830 of 2014 pending on the file of the first respondent and quash the same as illegal.

2.On a complaint filed by the father of the wife/2nd respondent, the first respondent after investigation has filed charge sheet for offences under Sections 324, 506(ii) IPC r/w Section 4 of Tamil Nadu Prohibition of Women Harassment Act. The parties have filed a memo of compromise to the effect that the misunderstanding between the husband and wife stand dissolved and that they are now living together as husband and wife. 3.Considering the circumstances and the decision of the Honourable Apex Court in B.S.Joshi and others Vs. State of Haryana and another AIR 2003 SCC 1386 wherein it is held that it is the duty of the Court to encourage genuine settlement of matrimonial disputes, this Court allows this petition.

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4.Accordingly, the proceedings in Crime No.830 of 2014 pending on the file of the first respondent shall stand quashed. Sd/- Assistant Registrar(AE) /True Copy/ Sub-Assistant Registrar To 1.The Sub Inspector of Police, Oomatchikulam Police Station, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+One cc to M/s.C.Arul Vadivel @ Sekar, Advocate, SR.No.3859 ses RL/4 c- 16/2/2015 CRL.O.P.No.1371 of 2015 https://hcservices.ecourts.gov.in/hcservices/