IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 10.02.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.2724 of 2017 1.Jaya Krishnan 2.Sankaran 3.Rajamani 4.Ramesh 5.Aneerdhesiam ... Petitioners Vs
1. The State, rep. By The Inspector of Police, W.13, All Women Police Station, Washermetpet, Chennai.
2. Ashwini ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to accept the joint compromise memo and to quash the FIR in Crime No.6 of 2016 on the file of the Inspector of Police, W.13, All Women Police Station, Washermetpet, Chennai.
For Petitioners : Mr.M.Mohana Sundaram For respondents : Mr.C.Emalias, Addl. Public Prosecutor, for R1 ORDER The present criminal original petition has been filed to accept the joint compromise memo and to quash the FIR in Crime No.6 of 2016 on the file of the first respondent police.
2. Today, when the matter was taken up for consideration, the petitioners and the second respondent appeared before this Court and their identities were verified. The learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent / de facto complainant represented that the dispute between the parties was amicably settled and the second respondent has also filed an affidavit to that effect, which reads as follows:-
“ I humbly submit that the first petitioner had married me on 31.8.2014 at Aruppukottai. Subsequently, due to some misunderstanding between us, I was living separately with my parents and I have lodged a complaint against the petitioners before the first respondent on 16.4.2016 which was registered in Crime No.6 of 2016 under Section 498(A) I.P.C.
I humbly further submit that in the meantime some well wishers of both families tried to conciliate both sides through negotiation. Thus, we have resolved our matrimonial problems through elders and well wishers of both families. The first petitioner has agreed to lead a peaceful life hereafter with me and I am also consented to continue her matrimonial life peacefully with the first petitioner.
I humbly further submit that now I am intended to compromise in this criminal case. Hence, I am consented to be a party of this petition on my volition and also agreed to withdraw the allegations made against the petitioners herein.
I humbly further submit that the petitioners will be unduly harassed if the criminal prosecution is allowed to continue even after entering into compromise as it may create embarrassing situation for me too.
Hence, it is humbly prayed that this Hon'ble Court may be pleased to accept my affidavit and to quash the FIR in Crime No.6 of 2016 on the file of the Inspector of Police, W.13, All Women Police Station, Washermetpet, Chennai.”
Thus, the learned counsel for the respective parties pleaded that recording the averments made in the affidavit filed by the second respondent, the proceedings pending in Crime No.6 of 2016 may be quashed.
3. In view of the same, recording the averments made in the affidavit filed by the second respondent, the proceedings in Crime No.6 of 2016 pending on the file of the first respondent police as against the petitioners are quashed and the criminal original petition is allowed.
10.02.2017 Index:Yes/No sbi To
1. The Inspector of Police, W.13, All Women Police Station, Washermetpet, Chennai.
2. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.2724 of 2017 DATED: 10.2.2017 http://www.judis.nic.in