Madras High CourtCRL OP(MD)/3117/2015allowed

Rajapandi v. The Sub Inspector Of Police

2015-02-26Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.3117 of 2015

1. Rajapandi

2. Vijaya

3. Dhandapani ... Petitioners/Accused 1 to 3 Vs.

1. State represented by the Sub-Inspector of Police, Reddiarchathram Police Station, Dindigul West Taluk, Dindigul District.

(Crime No.151 of 2014) ..1st Respondent/Complainant

2. Sudha ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.151 of 2014 dated 29.12.2014 on the file of the Sub-Inspector of Police, Reddiarchathram Police Station, Dindigul West Taluk, Dindigul District and quash the same as against the petitioners. For Petitioners : Mr.K.Safar Badhusha For R1 : Mr.K.V.Rajarajan Govt. Advocate (Crl.side) For R2 : No appearance

O R D E R

The petitioners, who are accused Nos.1 to 3 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.151 of 2014 on the file of the first respondent, Reddiarchathram Police Station, Dindigul District.

2. The matter primarily is a matrimonial dispute. When taken up for hearing, a memorandum of understanding has been filed, entered into on 19.02.2015 between the first petitioner and the de-facto complainant. The same reflects the settlement of dispute between the parties.

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

settlement of matrimonial disputes, this Court allows this petition. Accordingly, the proceedings in Crime No.151 of 2014 on the file of the first respondent shall stand quashed. The Compromise Memo shall form part of the order. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) Encl : Xerox copy of Compromise memo /True copy/ Sub Assistant Registrar To

1. The Sub-Inspector of Police, Reddiarchathram Police Station, Dindigul West Taluk, Dindigul District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to MR.K.SAFAR BADHUSHA, ADVOCATE IN SR : 9280 Akv SR : 17.03.2015 : 2p/4c Crl.O.P.(MD)No.3117 of 2015 26.02.2015 https://hcservices.ecourts.gov.in/hcservices/