Petition under Section 482 CrPC sought quashing of an FIR. Parties had settled matrimonial disputes by mutual consent divorce before the Family Court, Salem; the wife received articles and jewels. The Court allowed the petition and quashed the FIR.
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Crl.O.P.No.7224 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HONOURABLE Mrs. JUSTICE T.V.THAMILSELVI
Crl.O.P.No.7224 of 2022 and Crl.M.P.No.4148 of 2022
1.Guruprasath
2.K.Sundararaj
3.M.Shanthi
4.S.Monisha ...Petitioners
Vs.
1.The State represented by The Inspector of Police, All Women Police Station, Tiruchengode, Namakkal District. (Crime No.30 / 2021)
2.K.Priyadharshini ..Respondents
Prayer:Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, seeking to call for the records in Crime No.30 of 2021 on the file of the Inspector of Police, All Women Police Station,
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Crl.O.P.No.7224 of 2022
Tiruchengode, Namakkal District and quash the same.
For Petitioners : Mr.R.Vivekananthan
For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) for R1 Mr.L.Ramanathan for R2
O R D E R
When the matter was taken up for hearing, the learned counsel for the
petitioner produced the copy of the affidavit, which shows that they have filed an affidavit before the Family Court at Salem in HMOP.No.111 of 2022 by giving consent to give a divorce, as per the terms already arrived between the parties. As per the terms, both the parties, agreed to file divorce for mutual consent accordingly, we also receive her request for divorce in the presence of the witnesses.
2.Now she filed a divorce petition, which is pending before the Family Court in HMOP.No.111 of 2022 wherein, the husband also filed an affidavit giving consent for divorce by submitting a decree on 08.02.2024. Therefore, as per E-court status, the husband filed an affidavit on 12.02.2024. Both the parties compied with the terms already arrived and she received the articles
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Crl.O.P.No.7224 of 2022
and jewels also.
3.In view of the same, this Criminal Original Petition is alowed and the Crime No.30 of 2021 on the file of the Inspector of Police, All Women Police Station, Tiruchengode, Namakkal District is quashed. No costs. Consequently, connected miscellaneous petition is closed.
08.02.2024
kkn
Internet : Yes/No Index: Yes/No Speaking / Non-speaking order Nuetral Citation: Yes/No
To:-
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Crl.O.P.No.7224 of 2022
T.V.THAMILSELVI, J.
KKN
Crl.O.P.No.7224 of 2022 and Crl.M.P.No.4148 of 2022
08.02.2024
4
1 issue framed by the court
Whether the FIR in Crime No.30 of 2021 should be quashed in view of mutual consent divorce between the parties.
1 provisions across 1 enactments
Guruprasath
K.Sundararaj
M.Shanthi
S.Monisha
The State represented by The Inspector of Police, All Women Police Station, Tiruchengode, Namakkal District (Crime No.30/2021)
K.Priyadharshini
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
