Madras High Court
Umesh Kumar vs Sornasankari on 15 February, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.02.2019
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.2776 of 2018
and CRL.M.P.No.1130 of 2018
Umesh Kumar ... Petitioner
Vs.
Sornasankari ...Respondent
PRAYER: Criminal Original Petition filed under Section 482 of
Cr.P.C, to call for the records in M.C.No.34 of 2017 dated
09.08.2017 pending on the file of Judicial Magistrate Court-I,
Tambaram and quash the proceedings.
For Petitioner : Mr.S.Shajipaul
For Respondent : No Appearance
ORDER
The Criminal Original Petition has been filed to quash the proceedings in M.C.No.34 of 2017 dated 09.08.2017, on the file of Judicial Magistrate Court-I, Tambaram. http://www.judis.nic.in 2
2.It is seen that the petitioner and the respondent are the husband and wife and they entered into a Memo of Compromise dated 22.06.2017, which reads as follows:
MEMO OF COMPROMISE It is submitted as follows:
This memo of compromise dated this 22nd day of June 2017 between Umesh Kumar, S/o.Chinna Samy, aged about 37 years, residing at No.66, G-Block 1st Floor, IHFD Nagar, Pallavaram, Chennai-600043, hereinafter called as the first party petitioner which term shall include his heirs legal representatives etc on the one part.
AND Sornasankari, D/o.Selva Singh Nadar, aged 28 years, residing at No.22-A Block, Ground Floor, IHFD Nagar, Pallavaram, Chennai-600043 hereinafter called the part of the second part/respondent.
Whereas on the interference of the elders of the family both the parties agree to compromise for grant of Divorce as prayed for on the following condition.
Now this deed of compromise withnesseth as follows: http://www.judis.nic.in 3 The second party acknowledgments she has received all marriage Articles including all her jewels 15.5 sovereigns, gold.
The second party acknowledgments she received her M.D. Certificate acupuncture on 10.02.2015.
The second party hereby gives her no objection to the first party in granting divorce.
The second party states that all the conditions are fulfilled and she has no objection to the first party getting married.
Both the parties state that there is not collisions fraud on coercion and both the parties have signed the compromise Memo of their free will.
Both the parties have agreed that in future they will not file criminal or civil cases against each other.
It is therefore prayed to this Hon'ble Court to record the Memo of Compromise and pass decree and judgment.
Petitioner Respondent
1st Party 2nd Party
3.Accordingly, both the parties have agreed that in future they will not file civil or criminal cases against each other.
http://www.judis.nic.in 4
4.Now, the petitioner sought to quash the maintenance petition filed under Section 125 of Cr.P.C. Therefore, this Court is not inclined to quash the proceedings. The trial Court is directed to complete the proceedings in view of the Memo of Compromise entered into between the petitioner and the respondent, within a period of six months from the date of receipt of copy of this order.
5.With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed.
15.02.2019
Index : Yes / No
Internet : Yes / No
Speaking order : Yes/ No
pam
http://www.judis.nic.in
5
To
The Judicial Magistrate Court-I, Tambaram. http://www.judis.nic.in 6 G.K.ILANTHIRAIYAN, J.
pam CRL.O.P.No.2776 of 2018 and CRL.M.P.No.1130 of 2018 15.02.2019 http://www.judis.nic.in