Suresh Kannah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.3350 of 2015

1. Suresh Kannah

2. Anjalidevi

3. Govindaraj

4. Vikraman

5. Raja

6. Sutha

7. Gunasekaran

8. Mahendran ... Petitioners/Accused 1 to 8 Vs.

1. State represented by the Inspector of Police, All Women Police Station, Fort, Trichy, Trichirapalli District, (Crime No.17 of 2014) ...1st Respondent/Complainant

2. P.Deepa ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the First Information Report pertaining to the case in Crime No.17 of 2014 on the file of the first respondent police and quash the same.

For Petitioners : Mr.S.Ramasamy For R1 : Mr.K.V.Rajarajan Govt. Advocate (Crl.side) For R2 : Mr.K.Muthu

O R D E R

The petitioners, who are accused Nos.1 to 8 in case of offences under Section 506(i) of I.P.C. r/w. Section 4 of Dowry Prohibition Act, seek quash of the proceedings in Crime No.17 of 2014 on the file of the first respondent, the Inspector of Police, All Women Police Station, Trichy.

2. The matter primarily is a matrimonial dispute. When taken up for hearing, a Joint Compromise Memo has been filed, entered into on 26.02.2015 between the first petitioner and the de-facto complainant. The same reflects the settlement of dispute between the parties. The parties were appeared before this Court on 27.02.2015. https://hcservices.ecourts.gov.in/hcservices/

3. Taking into consideration the Joint Compromise Memo filed and which has been signed by the petitioners and the de-facto complainant as well as the respective counsel, the affidavit of the second respondent 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.17 of 2014 on the file of the first respondent shall stand quashed. The Joint Compromise Memo shall form part of the order.

Sd/- Assistant Registrar (Crl.side) Encl : Xerox copy of Compromise Memo /True copy/ Sub Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Fort, Trichy, Trichirapalli District,

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

+1cc to MR.S.RAMASAMY, ADVOCATE IN SR : 9773 Akv SR : 18.03.2015 : 2p/4c Crl.O.P.(MD)No.3350 of 2015 02.03.2015 https://hcservices.ecourts.gov.in/hcservices/