Allowed

Surya v. The Inspector of Police

Madras HC12 Oct 2023CRL OP(MD)/3400/2023

Case brief

AI extract

What is this about?

The Madras High Court quashed criminal proceedings in C.C.No.79 of 2022 arising from a matrimonial dispute, ordering that all further proceedings be discontinued in view of a duly recorded and accepted joint compromise memo without observing or recording specific judicial findings on the maintenance settlement.

What did the court decide?

Quashing of all further proceedings in C.C.No.79 of 2022 on file of Judicial Magistrate Court, Nilakkottai, and recording of the joint compromise memo as part of the order.

Surya Vs The Inspector of Police — Matrimonial and Divorce | Madras HC (2023)

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Crl.O.P.(MD)No.3400 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.10.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE G.ILANGOVAN

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Crl.O.P.(MD) No.3400 of 2023

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1.Surya 2.Pandiammal

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3.Sundarapandian

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4.Suganya

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5.Ragupathi ... Petitioners / Accused Nos.1 to 5

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Vs.

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1.State rep. by The Inspector of Police, All Women Police Station, Nilakkottai, Dindigul District, (Crime No.2 of 2021). ... Respondent / Complainant 2.Kavya ... 2^nd Respondent/Defacto Complainant

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PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in C.C.No.79 of 2022 on the file of the Judicial Magistrate Court, Nilakkottai and to quash the same as illegal in respect of the petitioners.

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For Petitioners : Mr.D.Senthil For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side)

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

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Crl.O.P.(MD)No.3400 of 2023

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For R2 : Mr.V.Elaiyaraja

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O RDER

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These Criminal Original Petition has been filed seeking to call for the records pertaining to the charge sheet in C.C.No.79 of 2022 on the file of the Judicial Magistrate Court, Nilakkottai and to quash the same as illegal in respect of the petitioners.

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2.The contention of the petitioners is that based on the complaint lodged by the 2^nd respondent, the 1^st respondent registered the First Information Report, as the case may be, in Crime No.2 of 2021 for the offences punishable under Sections 498(A), 294(b), 506(i) of IPC and Section 4 of Dowry Prohibition Act, against the petitioners. It appears that it is a matrimonial dispute between the parties.

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3.The further contention of the petitioners is that they compromised the issue with the 2^nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2^nd respondent and also by their respective counsels.

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

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Crl.O.P.(MD)No.3400 of 2023

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4.The petitioners and the 2^nd respondent in both cases, appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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Compromise has been reached between the parties for which they have decided to get divorce from the concerned Magistrate Court and exchange of articles also between them. In view of the maintenance, they have decided to settle the same out of the Court. In this regard, they stated that no reference or observation may be recorded by this Court.

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Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 20.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.79 of 2022 on the file of the Judicial Magistrate Court, Nilakkottai, is quashed and the compromise memo is recorded.

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

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Crl.O.P.(MD)No.3400 of 2023

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In the result, the Criminal Original Petition stands allowed and

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the entire proceedings in C.C.No.79 of 2022 on the file of the Judicial Magistrate Court, Nilakkottai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

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12.10.2023

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NCC : Yes / No Index : Yes/No Internet : Yes/No

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pnn

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1.The Judicial Magistrate Court, Nilakkottai.

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The Inspector of Police, All Women Police Station, Nilakkottai, Dindigul District, (Crime No.2 of 2021)

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

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

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Crl.O.P.(MD)No.3400 of 2023

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G.ILANGOVAN. J.

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pnn

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Crl.O.P.(MD) No.3400 of 2023

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12.10.2023

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

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Surya v. The Inspector of Police

Case brief

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What did the court decide?

Surya v. The Inspector of Police

Case brief

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