Saravanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022 CORAM :
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P(MD).Nos.13604 and 15287 of 2022 and Crl.M.P(MD).No.13558 of 2022 Crl.OP(MD)No.13604 of 2022
1. Saravanan,
2. Namburajan,
3. Mariyammal,
4. Girija,
5. Vanaja, : Petitioners Vs State represented by All Women Police Station, Ramanathapuram District.
Cr.No.20/2020.
2. Sujitha, : Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records pertaining to the case in C.C.No.37/2021, on the file of 1/6
the learned Additional Mahila Court (Magistrate Level), Ramanathpuram District and quash the same as illegal.
For Petitioners : Mr.P.Muthusamy For R1 : Mr.R.Suresh Kumar Government Advocate (Crl.Side) For R2 : Mr.D.Balamurugan Pandi For Crl.OP(MD)No.15287 of 2022 Sujitha, : Petitioner Vs State represented by Rameshwaram Town Police Station, Ramanthapuram District (Crime No. 23 of 2022).
2. Mariammal, : Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records relating to the impugned FIR in Crime No. 23 of 2022 dated 20.01.2022, on the file of the 1st Respondent police. 2/6
For Petitioners : Mr.D.Balamurugapandi For R1 : Mr.R.Suresh Kumar Government Advocate (Crl.Side) For R2 : Mr.P.Muthusamy C O M M O N
O R D E R
The criminal original petition in Crl.O.P(MD)No.13604 of 2022 had been filed seeking to quash the case in C.C.No.37/2021, on the file of the learned Additional Mahila Court (Magistrate Level), Ramanathpuram District. 2.The criminal original petition in Crl.O.P(MD)No.15287 of 2022 had been filed seeking to quash the FIR in Crime No. 23 of 2022, dated 20.01.2022, on the file of the 1st Respondent police/Inspector of Police, Rameshwaram Town Police Station.
3.The learned Counsel appearing for the Petitioners in Crl.O.P(MD)No. 13604 of 2022 submits that the Petitioners are the husband and in-laws of the second Respondent/Sujitha, who preferred complaint against them. Based on that complaint, a case was registered in Crime No.20 of 2020 and after completion of investigation, final report had been laid before the Court of the learned Judicial Magistrate (Additional Mahila Court), Ramanathapuram, 3/6
which was taken on file as C.C.No.37 of 2021. When the case was pending, both parties have agreed for an amicable settlement and the case was referred to Lok Adalat at Ramanathapuram District Court. In the mediation, both parties have agreed for an amicable settlement, thereby to file a petition seeking divorce by consent to be filed by the first Petitioner in Crl.O.P(MD)No.13604 of 2022 along with the second Respondent/Sujitha. In the light of such settlement, both parties agreed to withdraw the prosecution case. Accordingly, in the Mediation, it was agreed that the petition to be filed by mutual consent for divorce and the second Respondent/Sujitha has agreed to withdraw the C.C.No.37 of 2021 being prosecuted further. Also, in the same agreement, the third Petitioner in Crl.O.P(MD)No.13604 of 2022 agreed to not press the complaint given in FIR No.23 of 2022, on the file of the Rameshwaram Town Police Station, filed by the third Petitioner in Crl.O.P(MD)No.13604 of 2022 against the second Respondent/Sujitha.
In the light of the amicable settlement arrived at between the parties, the FIR in Crime No.23 of 2022, on the file of the Inspector of Police, Rameshwaram Police Station and the case in C.C.No.37 of 2021, on the file of the learned Additional Mahila Court (Magistrate Level), Ramanathpuram District, are hereby quashed. Accordingly, these criminal original petitions are 4/6
allowed. Consequently, connected miscellaneous petition is closed. 01.12.2022 Index :Yes/No Internet : Yes/No lr To All Women Police Station, Ramanathapuram District.
2. The Inspector of Police, Rameshwaram Town Police Station, Ramanthapuram District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
5/6
SATHI KUMAR SUKUMARA KURUP, J.
lr 01.12.2022 6/6