S.C.G. Kiruba Daniel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.23428 of 2014 and M.P.(MD)No.1 of 2014 1.S.C.G.Kiruba Daniel 2.T.Anitha Sironmani 3.C.S.Suthanthira Daniel

...Petitioners/Accused 1 to 3

-Vs1.State represented through The Inspector of Police, All Women Police Station, Samayanallur In Cr.No.57 of 2014.

...1st Respondent/Complainant 2.Krupa. D.

...2nd Respondent/Defacto complainant PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in respect of Crime No.57 of 2014 pending on the file of the 1st respondent and quash the same. For petitioner : Mr.K.Samidurai For Respondent-1 : Mr. K.Anbarasan Government Advocate (Crl. Side) For Respondent-2 : Mr.M.Ravishankar

O R D E R

This petition has been filed to call for the records in respect of Crime No.57 of 2014 pending on the file of the 1st respondent and quash the same.

2. On a complaint given by the 2nd respondent / defacto complainant / wife, the 1st respondent, after investigation, has registered a case in Crime No.57 of 2014 against the petitioners, for the offences under Sections 498(A), 323, 294(b), 406 & 506(i) of IPC. The 1st petitioner is the husband of the defacto complainant and the petitioners 2 and 3 are in-laws.

3. A joint memo of compromise has been filed by the parties informing the settlement of dispute and upon agreed the terms . 4.Considering the facts and circumstances of the case and the decision of the Honourable Apex Court in B.S.Joshi and others Vs. State of Haryana and another reported in (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.57 of 2014 pending on the file of the 1st respondent shall stand quashed. Consequently, the connected miscellaneous petition is closed.

6. The memo of compromise, dated 20.01.2015 signed by the first petitioner/husband, 2nd respondent/defacto complainant/wife and also their respective counsels shall form part of the record. https://hcservices.ecourts.gov.in/hcservices/

7. It is open to the parties to forward a copy of the joint compromise memo along with this order before the Family Court at Madurai on 21.01.2015. Such court may act in keeping there with. Sd/- Assistant Registrar(Per Admn) /True copy/ Sub Assistant Registrar Encl: Joint Compromise Memo To 1.The Inspector of Police, All Women Police Station, Samayanallur 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.K.Samidurai, Advocate in SR.2417 +2cc to Mr.M.Ravishankar, Advocate in SR.2363 Crl.O.P.(MD)No.23428 of 2014 20.01.2015 mpk pbk 20/01/2015 ::2p-6c:(IT) https://hcservices.ecourts.gov.in/hcservices/