Madras High Court
D.Gowthaman vs State Rep.By on 13 April, 2018
Equivalent citations: AIRONLINE 2018 MAD 73
Author: P.N.Prakash
Bench: P.N.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.04.2018 CORAM THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11404 of 2018 1.D.Gowthaman 2.V.Devadoss 3.D.Selvi 4.K.Manoharan 5.M.Kothai ... Petitioners Vs 1.State rep.by The Sub Inspector of Police, W-35, All Women Police Station, Tambaram. 2.B.Sangeetha ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in C.C.No.530 of 2014 on the file of the learned Judicial Magistrate, Tambaram and to quash the same. For Petitioner :Mr.V.Bhiman, Senior Counsel for Mr.Sampathkumar For Respondents :Mr.C.Raghavan Government Advocate (Crl.Side) for R1 ORDER
This petition has been filed to quash the proceedings in C.C.No.530 of 2014 on the file of the learned Judicial Magistrate, Tambaram.
2.On the complaint lodged by the 2nd respondent, the 1st respondent registered a case in Crime No.7 of 2014 and after completing the investigation, have filed a charge sheet in C.C.No.530 of 2014 before the learned Judicial Magistrate, Tambaram, against the petitioners herein. For quashing which, this petition has been filed on the ground that the parties have arrived at a compromise on 09.04.2018.
3.Today, all the petitioners are present. The 2nd respondent is also present before this Court.
4.The parties have entered into a Memorandum of Understanding dated 09.04.2018, which reads as under:
B.Sangeetha and D.Gowthaman to this Memorandum of Understanding married each other on 29.04.2007 at NPR Thirumanamandapam, Guduvancheri, Kanchipuram District. Differences arose between them leading to civil and criminal cases. Due to the intervention of mediators and well-wishers, the Parties have decided to amicably resolve their differences and have agreed to the following terms in full and final settlement of the disputes between them. They have arrived at these terms on their own free will and without any undue influence, coercion or fraud.
1.The Parties herein state that pursuant to a complaint by the Party of the First Part it was registered as Crime No. 07 of 2014, on the file of W-35, All Women Police Station, Tambaram, Chennai and subsequently charge sheet was filed in CC No. 530 of 2014 by the police before the Judicial Magistrate, Tambaram. The Parties of the Second Part were charge sheeted for offences under Sections 498-A and 406 IPC and Section 4 of the Dowry Prohibition Act.
2.The Party of the First Part agrees to withdraw the criminal proceedings in Crime No. 07 of 2014 preferred before W-35, All Women Police Station, Tambaram and taken on file by the Judicial Magistrate, Tambaram, Chennai in CC No. 530 of 2014 on the file of the Judicial Magistrate, Tambaram, initiated by her against the Parties of the Second Part. Towards withdrawal and consequent final disposal of the said criminal cases, the Parties of the Second Part will file a petition before the Honble High Court at Madras to quash the proceedings in CC No. 530 of 2014 on the file of the Judicial Magistrate, Tambaram. The Party of the First Part agrees to file all necessary affidavits, pleadings or documents and also physically appear before the Honble High Court at Madras and co-operate in quashing /withdrawing the said case as quickly as possible.
3.D.Gowthaman, the Party of the Second Part agrees to pay, and the Party of the First Part agrees to receive Rs.32,00,000/- (Rupees thirty-two lakhs only) in full and final settlement of alimony, maintenance, damages and all other monetary claims past, present and future, which is inclusive of maintenance, marriage expenses and educational expenses of the minor child Deepshika. The Party of the First Part shall not claim any financial support for the minor daughter Deepshika as she has received the said sum of Rs.32,00,000/- representing all the claims, inclusive of herself as well as the minor daughter. The Party of the First Part declares that she shall have no other financial claim towards movable or immovable properties of D.Gowthaman, the Party of the Second Part or that of his family after receipt of the said sum of Rs.32,00,000/- (Rupees thirty-two lakhs only).
4.D.Gowthaman, the Party of the Second Part has agreed to pay the said sum of Rs.32,00,000/- (Rupees thirty-two lakhs only) by way of Demand Draft to the Party of the First Part on the date of final hearing of the Crl OP for quash before the Honble High Court of Judicature at Madras. The Party of the First Part agrees to receive the said Demand Draft in full and final settlement of all her monetary claims past, present and future from D.Gowthaman, the Party of the Second Part on her behalf and on behalf of her minor daughter.
5.The Parties hereto undertake that apart from the criminal proceedings in CC No. 530 of 2014 arising out of Cr.No.07 of 2014 on the file of the Judicial Magistrate, Tambaram, OP No. 1467 of 2014, filed for restitution of conjugal rights by the Party of the First Party against D.Gowthaman, Party of the Second Part is pending on the file of the II Additional Family Court, Chennai. The Party of the First Part agrees to withdraw the said case and the Party of the First Part and D.Gowthaman, the Party of the Second Part herein agree to file a fresh OP for divorce by mutual consent under Section 13-B of the Hindu Marriage Act and cooperate for its early disposal. The Parties hereto further agree that they will not hereafter file any other complaint or case whether civil or criminal, before the police, governmental or state authorities, or court of law or wherever applicable against each other or their families, in relation to their matrimonial dispute.
6.The Parties understand that there is no possibility of reunion and that their marriage has irretrievably broken down. The Parties herein have a female child named Deepshika, born on 03.07.2009. The said minor daughter is in the sole care and custody of the Party of the First Part. D.Gowthaman the Party of the Second Part hereby agrees to let the said minor daughter to continue to be in the care and custody of her mother and natural guardian, the Party of the First Part herein. The Party the First Part hereby agrees that she will not claim any sum / amount / maintenance from D.Gowthaman, the Party of the Second Part for the sake of her minor daughter from the Party of the Second Part from this day. The Parties of the Second Part hereby agree that they will not seek visitation / guardianship / custody of the minor daughter from the Party of the First Part. The Parties of the Second Part hereby agree to let the Party of the First Part sign any document / deed(s) on behalf of the minor daughter Deepshika.
7.The Party of the First and Second Part hereby declare that this Memorandum of Agreement has been entered into with their full will and volition and shall abide by it in letter and spirit. In view of the above, this Criminal Original Petition is allowed and the proceedings in C.C.No.530 of 2014 on the file of the learned Judicial Magistrate, Tambaram, is hereby quashed.
13.04.2018 Index :Yes/No Internet :Yes/No Speaking order/Non speaking order mps To
1.The Judicial Magistrate, Tambaram.
2.The Sub Inspector of Police, W-35, All Women Police Station, Tambaram.
2.The Public Prosecutor, Madras High Court, Chennai.
P.N.PRAKASH,J, mps Crl.O.P.No.11404 of 2018 13.04.2018