Madras High CourtCRL OP(MD)/1917/2015allowed

V. Padmanabhan v. The Inspector Of Police

2015-02-04Honourable Mr Justice C. T. Selvam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.1917 of 2015 1.V.Padmanabhan 2.S.Velu 3.V.Tamilarasi 4.Ramadevi 5.Karthikeyan .. Petitioners/Accused No. 1 to 5 .. Vs ..

1.The State rep. by its Inspector of Police, All Women Police Station, Tallakulam, Madurai - 2.

(Crime No.9 of 2014) ..1st Respondent/Complainant 2.M.Meenakshi ..2nd Respondent/Defacto Complainant Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records pertaining to F.I.R in Crime No.9 of 2014 on the file of the first respondent herein and quash the same.

For Petitioners : Mr.K.Nagarajan For R-1 : Mr.K.Anbarasan Government Advocate(Crl. Side) For R-2 : Mr.T.Joseph Jeyakumar

ORDER

This petition has been filed under Section Cr.P.C., praying to call for the records pertaining to F.I.R in Crime No.9 of 2014 on the file of the first respondent herein and quash the same.

2.On a complaint filed by the wife/2nd respondent, the first respondent after investigation has filed a case in Crime No.9 of 2014 under Sections 498(A), 406, 506(ii) I.P.C and Section 4 of Dowry Prohibition Act. After that the case was transferred to All Women Police Station, Thiruparankundram in Crime No.170 of 2014 and the same is now pending investigation.

3. The parties are present before this Court and they are identified by the respective learned counsels and both the parties have filed a joint compromise memo stating that the

matter in issue between them has been amicably resolved and therefore, the parties are not willing to prosecute the case. 4.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. 5.Accordingly, the proceedings in Crime No.170 of 2014 on the file of the All Women Police Station, Tiruparankundram, shall stand quashed.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, All Women Police Station, Tallakulam,Madurai - 2.

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

Pm AA/27.02.2015/2p- 3c/ C.T.SELVAM, J.

CRL.O.P.(MD)No.1917 of 2015 04.02.2015

04.02.2015 20.09.2013