Kathiravan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Kathiravan 2.Saravanan 3.Jegathambal 4.Prema 5.Dharmarajan ... Petitioners / accused No.1 to 5 Vs.

1. State rep. by The Inspector of Police, All Women Police Station, Musiri, Trichy District.

Crime No.7 of 2022.

... 1st Respondent / Complainant 2.Narmatha ... 2nd Respondent/ Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records connected with the F.I.R in Crime No.7 of 2022, on the file of the first respondent and to quash the same. For Petitioners : Mr.R.Alagumani For R1 : Mr.S.Manikandan Government Advocate (Crl Side) For R2 : Mr.K.Sivabalan 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the F.I.R in Crime No.7 of 2022, on the file of the first respondent. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.7 of 2022 for the offences punishable under Sections 498-A, 294(b), 506(i) of I.P.C and Section 4 of Dowry Prohibition Act, against the petitioners.

3. The further contention of the petitioners is that there is a matrimonial issue between the parties and they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

4. The issue is between the husband and wife and the matter resolved and they mutually separated, in pursuance of the above said permanent Alimony of Rs.2,25,000/-. The above said Alimony was paid and received. On the basis of the above said terms, compromise has been reached between the parties.

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5. The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Joint Compromise Memo is recorded.

6. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the compromise memo, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash the F.I.R in in Crime No.7 of 2022, on the file of the first respondent, in respect of the petitioner.

7. In the result, the Criminal Original Petition stands allowed and the entire proceedings in F.I.R in in Crime No.7 of 2022, on the file of the first respondent, is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of compromise memo shall form part of this order.

22.06.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No Ls 3/4

G.ILANGOVAN, J., Ls To

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

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

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