Gopalakrishnan vs The State Represented By
2022 Latest Caselaw 6234 Mad

                                                                        CRL OP(MD). No.10858 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 28.03.2022

                                                       CORAM:

                                  THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                           CRL OP(MD). No.10858 of 2021
                                                       &
                                            Crl.M.P(MD)No.5521 of 2021

                     1.Gopalakrishnan
                     2.Hemalatha
                     3.Selvamani                                         ....Petitioners

                                                           Vs

                     1.The State represented by
                       the Inspector of Police,
                       All Women Police Station,
                       Ramanathapuram,
                       Ramanathapuram District.
                     2.M.Umamaheswari                                   ....Respondents

                     PRAYER :- This Criminal Original Petition filed under Section 482
                     Cr.P.C.to quash the FIR No.3 of 2021 dated 26.01.2021 on the file of the
                     first respondent against the petitioners/accused-3, 4 and 6 are concerned.




                                      For Petitioner   : Mr.Ajmal Khan
                                                         Senior Advocate
                                                         for Sakthi Kumaran



                     1/6

https://www.mhc.tn.gov.in/judis
                                                                            CRL OP(MD). No.10858 of 2021


                                         For Respondents : Mr.B.Thanga Aravindh
                                                           Government Advocate (Criminal Side)
                                                           for R1
                                                           Mr.R.Gandhi for R2


                                                           ORDER

The Criminal Original Petition has been filed to quash the FIR No.

3 of 2021 dated 26.01.2021 on the file of the first respondent against the

petitioners/accused-3, 4 and 6 are concerned.

2.The learned Senior Counsel appearing for the petitioners

submitted that the petitioners are the in laws of the 1st accused, who is the

husband of the 2nd respondent herein and the case has been registered in

Crime No.3 of 2021. No specific allegation has been made as against the

petitioners and the allegation has been made only to the effect that the

petitioners have arranged 2nd marriage for their son. On that ground, this

petition came to be filed.

3.The learned Senior Counsel further submitted that for the

allegation as against the in laws with regard to the arrangement and

perform the 2nd marriage, Sections 147 and 109 of IPC may not attract. It

https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10858 of 2021

appears that in respect of the matrimonial dispute, already a petition in

Crl.O.P.(MD) No.13666 of 2017 has been filed before this Court to

quash the case in C.C.No.234 of 2017 on the file of the learned Judicial

Magistrate No.1, Ramanathapuram and that was partly allowed with

regard to the petitioners 2 and 3 are concerned and during the arguments

also, specific allegation has been made by the learned counsel for the 2nd

respondent to the effect that the husband of the 2nd respondent performed

2nd marriage and only on that ground, the case as against this petitioners

has been decided on the basis of the judgment of the Hon'ble Supreme

Court in Preeti Gupta and Another Vs. State of Jharkhand and

Another reported in (2010) 7 SCC 667. It appears that this is the second

round of FIR.

4. Today, when the matter is taken up for hearing, the learned

senior counsel appearing for the petitioners submitted that the issue

between the petitioners and the second respondent has been settled

amicable and the petitioners are agreed to pay a sum of Rs.5,00,000/-

(Rupees Five lakhs Only) as compensation to the second respondent, on

condition to withdraw the Criminal Revision case filed by the husband of

https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10858 of 2021

the second respondent in Crl.R.C(MD).No.748 of 2017 on the file of this

Court.

5. The learned counsel for the second respondent has no objection

to quash Crime No. 3 of 2021 in respect of the present petitioners alone.

6. Recording the submission of the learned Senior counsel for the

petitioners, Crime No.3 of 2021 is quashed against these petitioners

alone on the condition that the petitioners shall pay a sum of

Rs.5,00,000/- (Rupees Five Lakhs Only) on or before 15.05.2022 and the

second respondent shall withdraw the Criminal Revision Case in

Crl.R.C(MD).No.748 of 2017 pending before this Court. If the

petitioners failed to comply with the order imposed by this Court, the

first respondent is directed to complete the investigation in Crime No.3

of 2021 and file a final report as against all the accused persons.

7. In the result, this petition is allowed. Consequently, the

connected Miscellaneous Petition is closed.

28.03.2022 Index : Yes / No Internet : Yes/ No TTA

https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10858 of 2021

To

1.The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

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

https://www.mhc.tn.gov.in/judis CRL OP(MD). No.10858 of 2021

G.K.ILANTHIRAIYAN,J.

TTA

CRL OP(MD). No.10858 of 2021 & Crl.M.P(MD)No.5521 of 2021

Date : 28/03/2022

https://www.mhc.tn.gov.in/judis