Madras High CourtCRL OP(MD)/3058/2015allowed

A.John Francis @ Babu v. The Sub Inspector Of Police

2015-02-20Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.3058 of 2015

1. A.John Francis @ Babu

2. Joseph Mary

3. Anthonysamy

4. John Leema Mary

5. Charles Raj

6. John Peter

7. Vimala Devi Mary ... Petitioners Vs.

1. State through the Sub-Inspector of Police, All Women Police Station, Virudhunagar in Crime No.20 of 2013.

2. P.Antony Mariya Glaret @ Priyanka ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the Crime No.20 of 2013 on the file of the first respondent All Women Police Station, Virudhunagar and quash the same.

For Petitioners : Mr.S.Jeyasingh For R1 : Mr.A.P.Balasubramanian Govt. Advocate (Crl.side)

O R D E R

The petitioners, who are accused Nos.1 to 7 in case of offences under Sections 498(A), 506(i) of I.P.C. r/w. Section 4 of Dowry Prohibition Act and Section 4 of TNWH Act, seek quash of the proceedings in Crime No.20 of 2013 on the file of the first respondent, All Women Police Station, Virudhunagar.

2. The petitioners moved an anticipatory bail petition before this Court in Crl.O.P.No.20200 of 2014 and this Court referred the matter to the Mediation Centre for settlement. Pursuant thereto, in mediation, compromise has been effected between the husband and wife and Mediation report has been received.

3. In the light of the Mediation report, which informs of an amicable settlement and the Joint Memo of Compromise filed and which has been signed by the petitioner and the de-facto complainant as well as the https://hcservices.ecourts.gov.in/hcservices/

respective counsel and following 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. Accordingly, the proceedings in Crime No.20 of 2013 on the file of the first respondent shall stand quashed. The Joint Compromise Memo shall form part of the order.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar akv To

1. The Sub-Inspector of Police, All Women Police Station, Virudhunagar.

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

+1cc to MR.S.JEYA SINGH, ADVOCATE IN SR NO. 8256 ENCL: Memo of Compromise with Xerox copy.

Crl.O.P.(MD)No.3058 of 2015 20.02.2015 RG.10.03.2015 2P.5C.

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