Madras High CourtCRL OP(MD)/9324/2022allowed

Naresh v. The Inspector Of Police

2022-05-18Honourable Mrs Justice T.V.Thamilselvi2 pages

Crl.O.P.(MD)No.9324 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2022

CORAM:

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL.O.P.[MD].No.9324 of 2022 1.Naresh 2.Sasikala Rani 3.Sudamani ... Petitioners / Accused Nos.1 to 3 Vs.

1.State through The Inspector of Police, All Women Police Station, Thiruparangundram.

Crime No.10 of 2021 ... 1st Respondent / Complainant 2.V.Shampoorna ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertains to the proceedings in Crime No.10 of 2021 dated 14.06.2021 on the file of 1st respondent police and quash the same as illegal and arbitray.

For Petitioners : Mr.R.Murali For R1 : Mr.R.Meenakshi Sundaram, Additional Government Pleader.

For R2 : Mr.A.Sivasubramanian

ORDER

This Criminal Original Petition is filed to quash the FIR in Crime No.10 of 2021 dated 14.06.2021 on the file of the first respondent police.

2. The first petitioner is the husband and the second respondent is the wife. The marriage between the first petitioner and the second respondent was solemnized on 13.12.20218. Due to some matrimonial disputes, the second respondent left the matrimonial home and she has given a complaint against these petitioners. Based on the complaint given by the second respondent, an FIR was registered in Crime No.10 of 2021 on the file of the first respondent for the offence under Sections 498(A), 406 and 506 (i) IPC and altered into Sections 498(A), 406, 506(i), 465, 468, 471 and 420 IPC. Hence, the petitioners have come forward with this petition to quash the same.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9324 of 2022

3. When the matter came up for hearing, the first petitioner and the second respondent are present and when this Court personally enquired them, they submitted that they have settled their disputes amicably and they have filed a compromise memo to that effect and as per the compromise, they have filed an application Yesterday viz., 17.05.2022 before the Family Court for mutual divorce . The said Joint memo of compromise filed by the first petitioner and the second respondent is recorded and taken on file.

4. Considering the facts and circumstances of the case and also considering the fact that, as the entire issue is only the matrimonial dispute and both parties have settled the issues amongst themselves, this Court is inclined to quash the FIR against the petitioners.

5. Accordingly, this Criminal Original Petition is allowed and the FIR in Crime No.10 of 2021 dated 14.06.2021 on the file of 1st respondent police is quashed. The Compromise memo filed by the first petitioner and the second respondent shall form part of the order.

Sd/- Vacation Officer // True Copy // / /2022 Sub Assistant Registrar(CS) Encl: xerox of Joint Compromise Memo To 1.The Inspector of Police, All Women Police Station, Thiruparangundram,Madurai.

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

CRL.O.P.[MD].No.9324 of 2022 18.05.2022 SS/26.05.2022 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2