A.Ramesh vs State By Inspector Of Police
2022 Latest Caselaw 6492 Mad

Citation : 2022 Latest Caselaw 6492 Mad
Judgement Date : 30 March, 2022

Madras High Court

A.Ramesh vs State By Inspector Of Police on 30 March, 2022

                                                                          Crl.O.P.No.21017 of 2018


                             IN THE HIGHCOURT OF JUDICATURE AT MADRAS

                                             DATED:      30.03.2022

                                                      CORAM:

                          THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

                                           Crl.O.P.No.21017 of 2018


                     1.A.Ramesh
                     2.A.Selvam
                     3.Maheswari
                     4.Bharathi
                     5.Sivamani
                     6.Ramajayam
                     7.Chinna Kanniyamma                                     ... Petitioners

                                                        Vs.


                     1.State by Inspector of Police
                       All Women Police Station
                       Ponneri.

                     2.R.Kavitha                                           ...
                     Respondents



                     Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to
                     call for the records pertaining to the case in Crime No.5 of 2015 on

                     1/8

https://www.mhc.tn.gov.in/judis
                                                                             Crl.O.P.No.21017 of 2018


                     the file of the first respondent Police and quash the same.
                                  For Petitioners         : Mr.V.Chandra Mohan
                                  For Respondents         : Mr.A.Damodaran for R1
                                                            Additional Public Prosecutor

                                                     ORDER

This petition has been filed to call for the records

pertaining to the case in Crime No.5 of 2015 on the file of the first

respondent Police and quash the same.

2. The petitioners, who are the accused in Crime No.5 of

2015, for the offence under Sections 294(b), 323, 498(A), 506(ii) of

IPC and Section 4 of Women Harassment Act, have filed this quash

petition.

3. The petitioners have filed this quash petition primary on

the ground of compromise arrived between the first petitioner and the

defacto complainant/second respondent. Today, the first petitioner and

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21017 of 2018

the defacto complainant appeared before this Court. The defacto

complainant admitted about the compromise arrived between them

and she has no objection for quashing the First Information Report in

Crime No.5 of 2015.

4. The learned counsel for the petitioner submitted that the first

petitioner and the defacto complainant entered into a compromise on

02.06.2017 and all the issue between them got resolved. Pursuant to

the compromise, the first petitioner and the defacto complainant had

appeared before the Social Welfare Officer and informed the

compromise and the defacto complainant gave a letter on 02.06.2017

seeking to close the complaint. Recording the same, the Social

Welfare Officer closed the complaint in Na.Ka.No.263-2/A4/2017

dated 15.06.2017.

5. Likewise, in HMOP.No.97 of 2015, recording the

compromise, the Principal Sub-Court, Tiruvannamalai, granted

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21017 of 2018

divorce by mutual consent by judgment dated 20.07.2017. Since the

defacto complainant had no objection for granting of divorce, the

marriage between the first petitioner and defacto complainant dated

04.07.2015 was cancelled and divorce granted. The joint memo of

settlement, dated 02.06.2017, signed by both the parties and their

respective counsels are annexed in the the typed set of papers, which

is extracted hereunder:

1. The petitioner and respondent got married on 04.07.2015 at Raja Rajeswari Tirumala Mandapam, Tiruvannamalai.

2. The petitioner is the husband of the respondent and they are living separately from each other for more than 2 years.

3. The petitioner has filed the above HMOP No.97 of 2015 for divorce before the Principal Sub-Court, Tiruvannamalai.

4. The respondent has lodged a Police complaint before the All Women Police Station,

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21017 of 2018

Villupuram which was forwarded to All Women Police Station, Ponneri, was registered under Sections 294(b), 323, 498(A) and 506(ii) of IPC and Section 4 of Women Harassment Act, in Crime No.5 of 2015 dated 01.07.2015, pending on the file of the Judicial Magistrate II.

5. The respondent has lodged a complaint before the Protection Officer (Social Welfare Department) at Tiruvannamalai under the provisions of domestic violence Act against the petitioner and his family members wherein enquiry is pending.

6. All the above proceedings are pending before the respective Courts between the parties.”

6. The learned Additional Public Prosecutor submitted that it is

only a matrimonial dispute between the parties and he confirmed the

compromise entered between the first petitioner and the defacto

complainant.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.21017 of 2018

7. Considering the fact that it is a matrimonial dispute between

the parties and the dispute has been amicably settled, this Court is

inclined to allow this petition.

8. Accordingly, this petition is allowed and the FIR in Crime

No.5 of 2015 is quashed. The settlement dated 02.06.2017 entered

between the parties before the Family Court, shall hold good.