Madras High Court
Vinoth Martin vs State Rep By on 7 January, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
CRL OP(MD). No.11057 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 07.01.2025
CORAM
The Hon`ble Mr.Justice N.ANAND VENKATESH
CRL OP(MD). No.11057 of 2023
1.Vinoth Martin
2. Latha @ Mary Latha .... Petitioners / Accused Nos.1 & 2
Vs
1. State Rep by
The Inspector of Police,
All Women Police Station,
Colachel,
Kanyakumari District.
Crime No.26 of 2022 ..... 1st Respondent/ Respondent Police
2. Abisha ... 2nd Respondent/ defacto complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Code of
Criminal Procedure, to call for the records pertaining to the impugned charge
sheet in C.C.No.967 of 2022 on the file of the Judicial Magistrate, Eraniel,
Kanyakumari District and to quash the same.
For Petitioner : Mr.M.M.R.Sreenivasan
For R1 : Mr.R.Thanga Aravindh
Government Advocate
(Criminal Side)
For R2 : Mr.C.K.M.Appaji
https://www.mhc.tn.gov.in/judis
CRL OP(MD). No.11057 of 2023
ORDER
This petition was filed to quash the proceedings in C.C.No.967 of 2022 pending on the file of the Judicial Magistrate, Eraniel, Kanyakumari District.
2. When the matter came up for hearing on 18.12.2024, this Court passed the following order:
It is seen that the marriage between the petitioner and the second respondent has taken place only in the year 2021 and the petitioner and the second respondent had hardly lived together.
2. The so called mediation had also happened only through online mode. The social media posting of the second respondent seems to be a disturbing factor for the petitioner. However, it would be appropriate for the petitioner to meet the second respondent and both of them must talk in the physical presence of each other.
3.In view of the same, the learned counsel for the petitioner shall enquire as to when the petitioner can be present here, so that this Court can direct the second respondent and the first petitioner to meet in the mediation centre and see if an amicable settlement can be reached.
4. List this matter on 20.12.2024.
https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11057 of 2023
3. A mention was made today morning at 10.30.a.m., that the matter has been settled between the parties and hence this Court permitted the matter to be moved today at Lunch Motion. Accordingly, the matter was listed under the caption " for recording settlement"/
4. Heard the learned counsel on either side and perused the material records of the case.
5. It is seen from the mediation report that both the parties were able to reach settlement through settlement dated 03.01.2025. For better appreciation, the terms of settlement are extracted hereunder:
6. The following settlement has been arrived at between the Parties hereto:
A. That the 1st Petitioner and the 2nd Respondent have agreed to dissolve their marriage that held on 21.06.2021 and registered with the Colachel Sub-Registrar Office on 22.06.2021 as they have been living separately for a longer period at present there has been lot of disputes have arisen between and was not able to be settled amicably.
B. That the 1st Petitioner has agreed to pay a sum of Rs. 13,00,000/- (Rupees Thirteen Lakhs) as One Time Settlement towards permanent alimony to the 2nd Respondent.
https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11057 of 2023 C. That the 1st Petitioner and the 2nd Respondent agrees that they shall file an application for Decree for Mutual Consent before Competent Court and get it dissolved by an order of Court.
D. Since the marriage is agreed to be dissolved and that parties have agreed to dissolve the marriage amicably, the 2nd Respondent agrees to quash the Charge Sheet filed against the Petitioner in C.C.No. 967 of 2022 on the file of the Judicial Magistrate, Eraniel, Kanyakumari District. The 2nd Respondent also agrees to withdraw the maintenance case filed by her against the 1st Petitioner in O.S.No. 14 of 2023 on the file of the Family Court, Nagercoil.
E. To-day the 1st Petitioner handing over a Demand 3 Draft No. 081803 dated 03.01.2025 of SBI Bank for Rs.3,00,000/- from out of tro3.0lal amount agreed to be paid towards the permanent alimmy. The balance amount of Rs. 10,00,000/- (Rupees Tealimahs) has to be paid by way of Demand Draft at the time of presenting the application for Mutual Consent Divorce Petition before the Family Court.
7. Both the 1st Petitioner and 2nd Respondent hereby undertakes that there is no other proceedings or cases filed by them and if any filed they agreed to withdraw the same and they undertakes that they will not make any claim or proceedings against each other in future also.
8. By signing this Agreement, the Parties hereto state that they have no further claims or demands against each other with respect to Crl.O.P. (MD) No.11057 of 2023 on the file of the Hon'ble Madurai https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11057 of 2023 Bench of Madras High Court and all disputes and differences in this regard have been amicably settled by the Parties hereto through the process of Conciliation/Mediation.
6.In view of the above, the proceedings pending before the Court below can be quashed on the ground, more particularly since it involves matrimonial dispute. Accordingly, the proceedings in C.C.No.967 of 2022 pending on the file of the Judicial Magistrate, Eraniel, Kanyakumari District is hereby quashed.
7. As per the settlement agreement, A1 and the defacto complainant have agreed to file an application for dissolution of marriage by mutual consent before the competent Court. A1 is presently stationed at Ladakh and therefore, he may not get sufficient time to wait for the proceedings. Hence, as and when the petition is filed by A1 and the defacto complainant seeking for divorce before the trial Court, the concerned Court shall dispense with the period of six months provided in line with the Judgement of the Apex Court reported in 2017 5 CTC 665 (SC). The petition shall be disposed of within the period of two weeks after the same is presented before the Court.
https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11057 of 2023
8. Accordingly, this Criminal Original Petition is disposed of in the above terms.
07.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
sma
Note : Issue Order Copy on 10.01.2025
To
1. Judicial Magistrate, Eraniel, Kanyakumari District
2. The Inspector of Police, All Women Police Station, Colachel, Kanyakumari District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis CRL OP(MD). No.11057 of 2023 N.ANAND VENKATESH,J.
Sma ORDER IN CRL OP(MD) No.11057 of 2023 Date :07.01.2025 https://www.mhc.tn.gov.in/judis