R.Shanthakumari, v. Priya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) Nos.16817/2015, 22457/2016 and 24392/2015 and M.P.(MD).Nos.1,1,2 & 2 of 2015 in Crl.O.P.(MD).Nos.16817 and 24392 of 2015 1.R.Santhakumari 2.V.Balakrishnan 3.R.Chithra @ Premalatha 4.V.Rajendran

...Petitioners/Respondents 2 to 5

in Crl.O.P.No.16817/2015 Karthikeyan ... Petitioner/1st Respondent in Crl.O.P.No.24392/2015 1.Karthikeyan 2.Balakrishnan 3.Shanthakumari 4.Chithra @ Premalatha ... Petitioners/Accused 1,2,3 & 5 in Crl.O.P.No.22457 of 2016 Vs Priya ... Respondent/Petitioner in Crl.O.P.Nos.16817and 24392/2015

1. The Inspector of Police, Fort All Women Police Station, Tiruchirapalli City, Tiruchirapalli.

...Respondent/Complainant

2. G.Priyadarshini @ Priya ... Respondent/Defacto Complainant in Crl.O.P.No.22457 of 2016 Prayer in Crl.O.P.16817/2015: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the impugned proceedings in M.C.No.12 of 2015 on the file of Learned Judicial Magistrate Court, Thiruvaiyaru and quash the same.

Prayer in Crl.O.P.24392/2015: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the impugned proceedings in M.C.No.12 of 2015 on the file of Learned Judicial Magistrate Court, Thiruvaiyaru and quash the same.

Prayer in Crl.O.P.22457 of 2015: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure to quash the proceedings in C.C.No.93 of 2016 pending on the file of the Additional Mahila Court, Tiruchirapalli against the petitioners herein under Sections 498(A), 294(b), 406, 506(i) of I.P.C., r/w. Section 4 of Dowry Prohibition Act.

For Petitioner in Crl.O.P.Nos.16817 & 24392/2015 : Mr.C.Deepak For Petitioner in Crl.O.P.No.22457/2015 : Mr.P.Babu For R1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R2 : Mr.A.Haja Mohideen C O M M O N O R D E R These Criminal Original Petitions have been filed to quash the proceedings in M.C.No.12 of 2015 on the file of learned Judicial Magistrate Court, Thiruvailyaru and to quash the proceedings in C.C.No.93 of 2016 on the file of the Additional Mahila Court, Tiruchirapalli against the petitioners herein under Sections 498(A), 294(b), 406, 506(i) of I.P.C., r/w. Section 4 of Dowry Prohibition Act.

2. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.side) appearing for the first respondent and the learned Counsel appearing for the second respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in Crime No.14 of 2015 for offences under Sections 498(A), 324, 294(b), 506(ii) of I.P.C., r/w. Section 4 of Dowry Prohibition Act on the file of the first respondent. Thereafter, charger sheet has been filed before the Additional Mahila Court, Tiruchirapalli in C.C.No.93 of 2016 for the offence under Sections 498(A), 294(b), 406, 506(i) of I.P.C., r/w. Section 4 of Dowry Prohibition Act. The said charge sheet is challenged before this Court.

4. Today, when the matter is called, both the petitioners as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint compromise memo dated 19.11.2016 duly signed by both parties and counter signed by their respective Counsel. The learned Counsel for the second respondent/defacto complainant also has no objection to quash the proceedings in C.C.No.93 of 2016 on the file of the Additional Mahila Court, Tiruchirapalli against the petitioners herein under Sections 498(A), 294(b), 406, 506(i) of I.P.C., r/w.

Section 4 of Dowry Prohibition Act. Both the parties have also agreed for the terms and conditions mentioned in the joint compromise memo filed by them.

5. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

6. In view of that, the impugned proceedings in C.C.No.93 of 2016 on the file of the Additional Mahila Court, Tiruchirapalli is hereby quashed and the Criminal Original Petitions are allowed in terms of compromise memo. The compromise memo dated 19.11.2016 shall form part of the order.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Fort All Women Police Station, Tiruchirapalli City, Tiruchirapalli.

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

3. The Judicial Magistrate Court, Thiruvailyaru.

4. The Additional Mahila Court, Tiruchirapalli.

+2cc to Mr.C.Deepak,Advocate Sr.Nos.72892 & 72894 +1cc to Mr.A.Hajamohideen,Advocate Sr.No.72999 +1cc to Mr.P.Babu,Advocate Sr.No.72893 Crl.O.P.(MD) Nos.16817/2015, 22457/2016 and 24392/2015 25.11.2016 akv um/ss2/ksm/12.01.2016/3p/9c