Madras High Court
Manugunta Adithya Reddy vs The Sub-Inspector Of Police on 4 July, 2022
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
Crl. O.P. No. 11204 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 4/7/2022
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No. 11204 of 2022
1. Manugunta Adithya Reddy
2. Manugunta Chaitanya Reddy
3. Manugunta Padma Reddy ... Petitioners
Vs
1. The Sub-Inspector of Police
W 22 All Women Police Station
Mylapore
Chennai 4.
2. Kavya Murali Shoba ... Respondents
PRAYER : Criminal Original Petitions filed under Section 482 of Cr.P.C. to
quash the final report filed in C.C.No.1744 of 2020 pending on the file of XVIII
Metropolitan Magistrate, Saidapet.
For Petitioners ... Mr.V.Ramamurthy
For Respondents ... Mr.Leonard Arul Joseph Selvam
Government Advocate
(Criminal Side)
Mrs.K.Bhuvaneshwari
for R.2.
Page No:1/6
https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 11204 of 2022
ORDER
This Criminal Original Petition has been filed to quash the final report filed in C.C.No.1744 of 2020 pending on the file of XVIII Metropolitan Magistrate, Saidapet, for the offences punishable under Sections 498 (A) of the Indian Penal Code.
2. Heard Mr.V.Ramamurthy, learned counsel for the petitioners, Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Criminal Side) for the first respondent and Mrs.K.Bhuvaneshwari, learned counsel for the second respondent.
3. The learned counsel appearing for the petitioners submitted that the dispute between the parties have already been settled by way of a Memorandum of Understanding dated 1/4/2022. Now instead of the flat to be registered in favour of the minor children, the respondent seeks money.
4. Today, when the matter is taken up for hearing, the second respondent is present before this Court with her counsel. On enquiry, she submitted that Page No:2/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11204 of 2022 since the petitioners and second respondent have settled the entire issue, the second respondent does not want to proceed with the case. However, she submitted that only after paying the entire amount, C.C may be quashed.
5. Learned counsel for the petitioners submitted that mobilising the money is not an easy task. Hence seeks six months time. However, this Court is of the view that four months time, would be just and reasonable, considering the quantum of money involved.
6. The learned counsel appearing for the second respondent submitted that till the amount is settled by the first petitioner, she may be permitted to continue her stay in her mother-in-law's house, situated at Flat No.80, B 2 Ceebros Citadel, Dr.Ranga Road, Mylapore, Chennai 600 004.
7. The learned counsel appearing for the petitioners further submitted that the second respondent herself has filed an affidavit with regard to vacating the flat and the Memorandum of Understanding is to the said effect and it is Page No:3/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11204 of 2022 submitted that the Memorandum of Understanding would govern the conduct of the parties and therefore, the second respondent cannot enter the flat, as otherwise, it would create unnecessary issue in the family and would put the settlement in jeopardy.
8. Since the issue is confined only with regard to payment of money, the first petitioner is directed to deposit Rs.90 lakhs, in lieu of the flat, as per the terms agreed in the Memorandum of Understanding, within a period of four months, from today and till such time, the proceedings of the trial Court is stayed.
9. Post on 7/11/2022 for reporting compliance.
4/7/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
Page No:4/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11204 of 2022 To
1. XVIII Metropolitan Magistrate, Saidapet, Chennai.
2. The Sub-Inspector of Police W 22 All Women Police Station Mylapore Chennai 4.
3. The Public Prosecutor High Court Madras.
Page No:5/6 https://www.mhc.tn.gov.in/judis Crl. O.P. No. 11204 of 2022 N. SATHISH KUMAR, J mvs.
Crl.O.P.No.11204 of 2022 4/7/2022 Page No:6/6 https://www.mhc.tn.gov.in/judis