Petitioner filed a criminal original petition to quash an FIR. The court noted the parties are married with a child and have reached an amicable settlement. Dismissing the prosecution as serving no purpose, the petition was allowed and the FIR quashed.
The impugned FIR is quashed and the Criminal Original Petition is allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P(MD)No.3608 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.11.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Crl.O.P(MD)No.3608 of 2021
Saravanapandi
... Petitioner
Vs.
1.State through The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District. (Crime No.32 of 2020).
...1st Respondent/ Complainant
2.xxxxxx ... 2nd Respondent/ De-facto Complainant
Prayer : This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.32 of 2020 dated 25.12.2020 on the file of the 1st respondent police and quash the same.
For Petitioner : Mr.K.A.Nandagopan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1. Mr.A.B.Natarajan for R2.
O R D E R
This criminal original petition has been filed to quash the impugned FIR in Crime No.32 of 2021 registered on the file of the first respondent.
2.The petitioner and the second respondent have got married to each other on 25.01.2020. A male child was also born through the said wedlock. The parties are now living together as husband and wife. The defacto complainant has been duly identified by Mr.Thisho Nanth, (Enrolment No.4871 of 2019). The defacto complainant categorically states before this Court that she does not want to pursue the complaint. The parties have also filed a memo of joint compromise dated 04.03.2021. Since the parties have arrived at an https://hcservices.ecourts.gov.in/hcservices/
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Crl.O.P(MD)No.3608 of 2021
amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed.
Assistant Registrar (T&P)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
ias
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To:
1.The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.
2.The Additional Public Prosecutore, Madurai Bench of Madras High Court, Madurai.
Crl.O.P(MD)No.3608 of 2021 26.11.2021
RD(15.12.2021) 2P 3C
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1 issue framed by the court
Whether the impugned FIR should be quashed in matrimonial disputes where parties have reached an amicable settlement.
1 provisions across 1 enactments
Saravanapandi
State through The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District
xxxxxx
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
