The High Court quashed criminal proceedings under Section 482 Cr.P.C. in a matrimonial dispute where the parties executed a Memorandum of Understanding settling all civil claims and undertaking to file divorce via mutual consent.
Criminal Original Petition allowed and proceedings in Crime No.50 of 2021 quashed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2022
CORAM :
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
CRL.O.P.NO.3516 OF 2022
1.T.Deepika
7.Mohan ...Petitioners/
Accused
-Vs-
.. Respondents/ Defacto Complainant
Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to call for the records in Cr.No.50 of 2021 pending on the file of the 1st respondent police and quash the same.
For Petitioner : Mr.K.Bommuraj For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No appearance for R2
O R D E R
The Criminal Original Petition has been filed to call for the records in Cr.No.50 of 2021 pending on the file of the 1st respondent police.
2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3.A Memorandum of Understanding has been filed before this Court, which have been signed by the 1st petitioner/wife and the son of the defacto complainant/husband of the 1st petitioner and all the parties to the proceedings are present before this Court and they were identified by their respective counsel. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves. The content of the Memorandum of Understanding is extracted hereunder:-
''1. Both parties will file the petition for divorce by mutual consent on any earliest mutually convenient date for either parties as soon as the lock down is eased before the Hon'ble Family Court at Chennai.
10.Both the First and Second Parties herein undertake that there are no other claims whatsoever against each other apart from the terms stated in this MoU.
11.Both the Parties undertake not to interfere in each other's lives in any manner whatsoever. The parties further undertake not to make any allegations either by self or through their friends, relatives, men, agents, servants, assigns or through any other person against each other and any of their family members in future and undertake not to interfere in their private life by any manner including dissemination of Information, photos or videos in any manner including through social media like Whatsapp, Twitter, Facebook etc. failing which the aggrieved person will be free to take legal action against the erring person.
jurisdiction under Section 482 Cr.P.C. quash the proceedings in Crime.No.50 of 2021.
allowed and as a sequel, the proceedings in Crime.No.50 of 2021 on the file of the 1st respondent police, Taluk Police Station, Villupuram is quashed and the Memorandum of Understanding shall form part and parcel of this order.
Sd/-
Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
Copy To
Crl.O.P.No.3516 of 2022
SKM(CO) PM/08/04/2022
1 issue framed by the court
Whether proceedings in a non-compoundable criminal case arising from a matrimonial dispute can be quashed under Section 482 Cr.P.C. on the basis of an amicable settlement and Memorandum of Understandi
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶37
2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) · Who else cites this
1 provisions across 1 enactments
T. Deepika
The State
A.D. Jagadish Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.D. Jagadish Chandra
Parties & counsel
