The High Court closed a criminal original petition filed under Section 482 Cr.P.C. to quash an FIR sections 498A and 506 IPC. The petition was closed as the learned Government Advocate submitted that the investigation had not been completed and the FIR was later closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.OP.NO.2944 OF 2019 & CRL MP.NO.1962 OF 2019
... Petitioners
Vs
State rep. by
... Respondents
Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and to quash the First Information Report, dated 29.12.2018 registered in Crime no.17 of 2018, on the file of the respondent, in so far as petitioners are concerned.
ORDER
This petition has been filed under Section 482 Cr.P.C., to call for the records and to quash the First Information Report, dated 29.12.2018 registered in Crime no.17 of 2018, on the file of the respondent police, in so far as petitioners are concerned.
2.Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent police.
3.The learned counsel for the petitioner has submitted that this case arose out of complaint preferred by the wife against the husband under Sections 498 (A) and 506 of IPC. Based on which, an FIR in crime no.17 of 2018 on the file of the All Women Police Station, Avadi was registered. Prior to that, the husband filed HMOP No.55 of 2015 seeking divorce against his wife. Subsequently, the wife also filed HMOP No.61 of 2015 on the file of the learned Judge, Family Court, Tiruvallure, seeking restitution of conjugal rights and the same was taken up for enquiry. Subsequently, the petition filed by the wife in HMOP No.61 of 2015 was dismissed while the petition filed for divorce by the husband in HMOP No.55 of 2015 was allowed. In HMOP No.55 of 2015, the learned Judge, Family Court, Tiruvallur has ordered that both have to exchange their gold ornaments, silver, dresses and other things by compromise and it was also agreed that not to claim any further in future. They also agreed to withdraw the case registered in Crime No.17 of 2018 on the file of the All Women Police Station, Avadi unconditionally. It was also agreed that HMOP No.55 of 2015 has to be allowed and HMOP No.61 of 2015 has to be dismissed as not pressed. In view of the compromise arrived at between the parties under Ex.C1, no prejudice will be caused if FIR is quashed.
4.At this juncture, the learned Government Advocate representing the Investigating Officer submits that the investigation has not been completed in that case and later the FIR is also closed.
5.In view of the above submission, this criminal original petition is closed. Consequently, connected miscellaneous petition is also closed.
Sd/Assistant Registrar(CS-VIII)
//True Copy//
Sub Assistant Registrar
dn
To
+1cc to M/s.R.Munuswamy, Advocate, S.R.No.24385
Crl.OP.No.2944 of 2019
KV(CO) RLP(04/05/2022)
1 issue framed by the court
Whether to quash the First Information Report after the petitioner submitted that a compromise was arrived at and the parties agreed to withdraw the case.
1 provisions across 1 enactments
R.Muni Krishnaih Naidu
Mrs.Kalpana
Mrs.Sumathi
State
Sathi Kumar Sukumara Kurup
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
