Madras High Court
Suyambukani vs The State Rep. By on 19 August, 2021
Author: J.Nisha Banu
Bench: J.Nisha Banu
Crl.OP(MD)No.4659 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.08.2021
CORAM :
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
Crl.O.P(MD)No.4659 of 2018
and
Crl.M.P(MD)Nos.2288 and 2289 of 2018
1.Suyambukani
2.Thanga Baskar ... Petitioners/Accused Nos.1& 2
Vs.
1.The State Rep. by
The Sub-Inspector of Police,
All Women Police Station,
Ambasamuthram,
Tirunelveli District.
(Crime No.09 of 2013)
... 1st Respondent/Complainant
2.Senthamarai Kani
... 2nd respondent/Defacto Complainant
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C, to call for
the records pertaining to the impugned proceedings in C.C.No.211 of 2015 on
the file of the District Munsif cum Judicial Magistrate, Cheranmahadevi and to
quash the same.
For Petitioners : Mr.F.Deepak
For R-1 : Mr.M.Muthumanikkam
For R-2 : No Appearance
https://www.mhc.tn.gov.in/judis/
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Crl.OP(MD)No.4659 of 2018
ORDER
The petitioners have filed this Criminal Original Petition to quash the proceedings in C.C.No.211 of 2015 on the file of the District Munsif cum Judicial Magistrate, Cheranmahadevi.
2. The brief facts of the case are as follows:
The second petitioner married the second respondent on 11.02.2001 and out of wedlock, they got two children. Since the second respondent ill-treated the second petitioner, he filed a petition for divorce in H.M.O.P.No.91 of 2010 before the Sub-Court, Ambasamuthram. As the second respondent remained ex-parte, an ex-parte decree came to be passed on 06.11.2011. Subsequently, due to some wordy quarrel, the second respondent preferred a complaint against the petitioners and based on that, a case in Crime No.9 of 2013 has been registered for the offence under Sections 498(A), 494 and 506(i) of I.P.C and after investigation, a charge sheet was filed in C.C.No.211 of 2015 on the file of the District Munsif cum Judicial Magistrate, Cheranmahadevi. Now, the present Criminal Original Petition has been filed by the petitioners/A-1 and A-2 to quash the proceedings in C.C.No.211 of 2015 pending on the file of the District Munsif cum Judicial Magistrate, Cheranmahadevi. https://www.mhc.tn.gov.in/judis/ 2/6 Crl.OP(MD)No.4659 of 2018
3. The learned counsel for the petitioners would state that the matter was referred to mediation before the Mediation and Conciliation Centre attached to this Bench and would state that the matter has been amicably settled between the parties and the parties have also entered into a settlement agreement, which is filed before this Court.
4. Perused mediation report as well as the settlement agreement, dated 13.03.2020, which contains the signature of the first petitioner and the second respondent, which was attested by the learned counsel on both sides, which states as follows:
“A.Mr.Thangabaskar (first party) has agreed to compensate Rs.1,80,000/-(Rupees One Lakh Eighty Thousand Only) to Mrs.Senthamaraikani (second party).
B.The first due was paid on 05.02.2020 by mode of Demand Draft of Rs.1,00,000/- (Rs.One Lakh) drawn in favour of second party.
C.The second due was paid on 19.02.2020 by mode of Demand Draft of Rs.50,000/-(Rupees Fifty Thousand Only).
The final due of Rs.30,000/- will be settled on 13.03.2020 as full and final settlement agreed by both parties.” https://www.mhc.tn.gov.in/judis/ 3/6 Crl.OP(MD)No.4659 of 2018
5. Considering that the matter has been amicably settled between the parties, this Court is inclined to quash the proceedings pending against the petitioners.
6. Accordingly, this Criminal Original Petition is allowed and the proceedings in C.C.No.211 of 2015 on the file of the District Munsif cum Judicial Magistrate, Cheranmahadevi, is quashed. The settlement agreement dated 13.03.2020 shall form part and parcel of this order. Consequently, connected Miscellaneous Petitions are closed.
19.08.2021
PM
Index : Yes/No
Internet : Yes/No
Note:(i) In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/ 4/6 Crl.OP(MD)No.4659 of 2018 To
1.The District Munsif cum Judicial Magistrate, Cheranmahadevi.
2. The Sub-Inspector of Police, All Women Police Station, Ambasamuthram, Tirunelveli District.
https://www.mhc.tn.gov.in/judis/ 5/6 Crl.OP(MD)No.4659 of 2018 J.NISHA BANU, J., PM Crl.O.P(MD)No.4659 of 2018 19.08.2021 https://www.mhc.tn.gov.in/judis/ 6/6