The Court disposed of a petition to quash an FIR, directing petitioners to furnish the divorce order to the Investigating Officer, who must verify the complainant's willingness to withdraw the case before proceeding.
Directions issued to Investigating Officer to verify complainant's willingness to withdraw complaint.
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.No25436 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.OP.No.25436 of 2024 and Crl.MP.No.14266 of 2024
1. Aravind Subramaniyan 2. Gugan
3. Mallika .. Petitioners
Vs.
1. State represented by The Inspector of Police, All Woman Police Station, Teynampet, Thiayagarayar Nagar, Chennai District. (Cr.No.4 of 2020)
2. Jency Madhumidha .. Respondents
Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the FIR in Cr.No.4 of 2020 on the file of the 1 st respondent and quash the same based on the compromise made in O.P.No.2722 of 2020 on the file of the VI Additional Family Court, Chennai dated 18.12.2020.
For Petitioners : Mr.D.Veerasekharan
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For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) for R1
O R D E R
The petitioners herein are accused in Cr.No.4 of 2020 registered on
the complaint given by one Jency Mathumitda who is none other than erstwhile wife of the first petitioner.
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defacto complainant had dissolved the marriage not yet been brought to
the notice of the Investigation Officer. He further submits that if the petitioner placed the records before the Investigating Officer, the same will be enquired with the defacto complainant and appropriate action will be taken.
6.With the above directions, this Criminal Original Petition is
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disposed of. Consequently, the connected miscellaneous petition is
closed.
17.10.2024
Vv
To
1. The Inspector of Police, All Woman Police Station, Teynampet,
2. The Public Prosecutor, High Court of Madras.
Dr.G.JAYACHANDRAN,J.
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Vv
Crl.OP.No25436 of 2024
17.10.2024
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1 issue framed by the court
Whether the FIR should be quashed based on a compromise and mutual divorce?
1 provisions across 1 enactments
Aravind Subramaniyan
Gugan
Mallika
State represented by The Inspector of Police, All Woman Police Station, Teynampet
Jency Madhumidha
Dr.G.Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
