R.Suresh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Crl.M.P(MD)Nos.2677 and 2678 of 2020 1.R.Suresh 2.M.Ramachandran 3.Suganya .. Petitioners/A1, A2 & A4 Vs.

1.State represented by The Inspector of Police, All Women Police Station, Sivagangai.

(Crime No.12 of 2016) ..1st Respondent/Complainant 2.G.Thenmozhi .. 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the case in C.C.No.39 of 2019 on the file of the Additional Mahila Court, Sivagangai and quash the proceedings as against the petitioners herein. Page No.1/6

For Petitioners : Mr.S.Pugalendhi For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1 : Mr.K.Palmurugan for R2

O R D E R

This Criminal Original Petition is filed seeking for quash of Charge Sheet in C.C.No.39/2019 on the file of the Additional Mahila Court, Sivagangai, for the offence under Sections 498(A), 294(b), 406 and 506(ii) IPC.

2. The defacto complainant had lodged a complaint against the petitioners alleging cruelty.

3. When the matter is taken up for hearing today, it is reported by both the parties that at the intervention of the elders of their family, the petitioners and the second respondent had settled their dispute amicably out of Court and had entered into a compromise. Today, they filed a joint Page No.2/6

compromise memo and the second respondent/defacto complainant is also present before this Court and confirmed the terms of compromise.

4. The joint compromise memo reads as follows: "2. The petitioners submit that the case of the prosecution is the petitioners are demanding dowry and threatening the defacto complainant hence the above said case is registered against the petitioners. The 1st petitioner and the 2nd respondent have filed mutual consent petition for divorce under section 13 (b) of Hindu Marriage Act by dissolving marriage which was solemnized on 19.03.2014. On 04.12.2018 the Hon'ble Family Court Judge, Sivagangai, has ordered divorce between 1st petitioner and 2nd respondent.

3. The petitioners submit that the 1st petitioner and the defacto complainant are Husband and Wife, and Elder members in the family and relatives of both side intervened in the matter and thereby the parties herein have settled the dispute amicably. The parties have been advised by the relatives and family members to settle their difference of opinion and due to the misunderstanding the 2nd respondent lodged the present complaint and has agreed to compromise without any claim.

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4. It is submitted that the defacto complainant and the petitioners were entered into the compromise among themselves. In these circumstances the case registered by the 1st respondent is not necessary to proceed further.

5. It is submitted that the parties have compromised the dispute between themselves and the offences are simple in nature. The petitioners are filing this Quash Petition for quashing the Charge Sheet in C.C.No.39 of 2019 may be quashed for the welfare of the parties. The 2nd respondent has no objection to quash the Charge Sheet."

5. Recording the said joint compromise memo, the impugned Charge Sheet is quashed and the joint compromise memo shall form part of this order. Accordingly, this Criminal Original Petition is closed. Consequently, connected miscellaneous petitions are closed. 11.01.2023 Internet : Yes / No Index : Yes / No NCS : Yes / No PJL Page No.4/6

To 1.The Judge, Additional Mahila Court, Sivagangai.

2.The Inspector of Police, All Women Police Station, Sivagangai.

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SUNDER MOHAN,J.

PJL Crl.O.P(MD)No.4686 of 2020 11.01.2023 Page No.6/6