Sadhasivan @ Sadhasivam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 12.06.2019

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD).Nos.19060 and 20021 of 2018 and Crl.M.P.(MD).Nos.9209, 9210, 8525 and 8526 of 2018

1. Sadhasivan @ Sadhasivam

2. Jeyalakshmi

3. Radhika ... Petitioners in Crl.O.P.No.19060/2018/A2 to A4 Suyampuram ... Petitioner in Crl.O.P.No.20021/2018/A1 -Vs1. The State represented by the Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District in Crime No.13 of 2018.

2. Gayathri Priyadharshini ... Respondents in both Crl.O.Ps.

Prayer: These Criminal Original Petitions are filed under Section 482 of Cr.P.C., to call for the records relating to the proceedings in C.C.No.480 of 2018 on the file of the Additional Mahila Court, Magistrate Level, Nagercoil and quash the same in respect of the petitioners.

For Petitioners: Mr.K.P.Narayanakumar For R1 : Mr.K.K.Ramakrishnan Additional Public Prosecutor For R2 : Mr.B.Rajesh Saravanan C O M M O N O R D E R These criminal original petitions have been filed to quash the criminal proceedings in C.C.No.480 of 2018 on the file of the

learned Additional Mahila Court, Magistrate Level, Nagercoil in respect of the petitioners.

2. Based on the complaint given by the second respondent/wife, a case in Crime No.13 of 2018 has been registered against the petitioners for the offences under Sections 498(A), 406 of I.P.C. and Sections 4 and 6 of Dowry Prohibition Act. After investigation, the respondent police has filed a final report and it was taken on file in C.C.No.480 of 2018 by the learned Additional Mahila Court, Magistrate Level, Nagercoil. Now, to quash the criminal proceedings, the present criminal original petitions have been filed.

3. Today, when the matter was taken up for hearing, the learned counsel appearing for the petitioners as well as the second respondent jointly submitted that there is a matrimonial dispute between the parties and they have settled the dispute between themselves amicably and to that effect, they have also filed a joint compromise memo. Now, the second respondent/de-facto complainant is not willing to prosecute the matter and also agreeing to quash the criminal proceedings.

4. Today, the second respondent/defacto complainant and all the petitioners/accused are present. On enquiry, the second respondent/defacto complainant submitted that since the dispute has been settled between the parties, she is not interested in prosecuting the case any further.

5. Considering the facts and circumstances of the case and also considering the fact that it is a matrimonial dispute and the parties have amicably settled their dispute between themselves and taking into account the joint compromise memo, this Court is of the view that the criminal proceedings is liable to be quashed.

6. Accordingly, the Criminal Original Petitions are allowed and the criminal proceedings initiated against the petitioners in C.C.No.480 of 2018 on the file of the Additional Mahila Court, Magistrate Level, Nagercoil, is quashed. The Joint Compromise Memo dated 06.06.2019 shall form part of the order. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS)

Encl:Xerox copy of Joint compromise memo To

1. The Additional Mahila Court, Magistrate Level, Nagercoil.

2. The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

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

+2 cc to M/s.K.P.Narayanakumar , Advocate SR.No.68629 Crl.O.P.(MD).Nos.19060 and 20021 of 2018 12.06.2019 KM/(10.07.2019) 3P 6C