Madras High Court
Venkatesh vs The Inspector Of Police on 26 February, 2020
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.(MD).No.3440 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.(MD).No.3440 of 2020
1.Venkatesh
2.Manimoli : Petitioners
Vs.
1.The Inspector of Police,
AWPS, Kovilpatti.
(Crime No.7 of 2017)
2.Sugunar : Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C. to call for the records pending in C.C.No.204 of 2019, on the file
of the learned Judicial Magistrate No.I, Kovilpatti in Thoothukudi
District, for the offences punishable under Sections 294(b), 498 A and
506(ii) of IPC and Section 4 of the Dowry Prohibition Act and quash the
same.
For Petitioners : M/s.S.Mahalakshmi
For R-1 : Mrs.S.Bharathi
Government Advocate (Crl. side)
For R-2 : Mr.G.P.Shyam Sundar
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Crl.O.P.(MD).No.3440 of 2020
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.204 of 2019, on the file of the learned Judicial Magistrate No.I, Kovilpatti in Thoothukudi District, for the offences punishable under Sections 498(A), 294(b) and 506(2) of IPC and Section 4 of Dowry Prohibition Act, 1961, in Crime No.7 of 2017.
2.The learned counsel appearing for the petitioners as well as the second respondent submitted that they have settled the entire issue and also filed a Memorandum of Understanding before this Court. The said Memorandum of Understanding is extracted hereunder:-
“1.That the parties agree that their marriage tie between them may be detached by means of passing a decree and judgment for dissolution of the marriage in H.M.O.P.No.154 of 2017, on the file of the Family Court, Thiruchirapalli.
2.That the first part hereby acknowledges the receipt of all his belongings, wearing apparel, jewelry and personal effects and also such of the further and 2/6 http://www.judis.nic.in Crl.O.P.(MD).No.3440 of 2020 other household articles and effects which were in the custody of the second part and hereafter will not lay any claim for anything on any account from the second part.
3.That the second part also hereby acknowledges the receipt of all her belongings including gold jewels, silk sarees etc. from the first part and hereafter will not lay any claim for anything on any account from the first part.
4.That the second part herein agrees and consents to receive a sum of Rs.10,00,000-00 (Rupees Ten lakhs only) in two stages and manner stated hereunder from the first part as her permanent alimony/maintenance and as one time full settlement in consideration of the dissolution of the marriage.
A.A Demand Draft bearing No.307284, dated 14.02.2020 for Rs.5,00,000-00 drawn on Karnataka Bank Limited, Thiruverumbur Branch in favour of the second part will be handed over at Hon'ble Madurai Bench of Madras High Court when the second part appears and endorses her consent to quash the criminal case in C.C.No.204 of 2019 and on that day the second part will deliver and handover the keys of the house of the first part which is at Pudhu Appaneri Village in Kovilpatti Taluk with all the household articles and other things 3/6 http://www.judis.nic.in Crl.O.P.(MD).No.3440 of 2020 already given to her in a list.
B.A Demand Draft bearing No.307284, dated 14.02.2020 for Rs.5,00,000-00 drawn on Karnataka Bank Limited, Thiruverumbur Branch in favour of the second part will be handed over at the Family Court in Thiruchirapalli, the second part appears and endorses her consent to pass a decree of dissolution of marriage in H.M.O.P.No.154 of 2017 and withdraws the maintenance petition in M.C.No.131 of 2017 and the second part will deliver 1.HP Laptop, 2.Vivo Android Mobile Phone,
3.Nokia Mobile Phone and 4.Thali weighing about 10 grams of the first part to him without fail.
5.That both the parties mutually hereby agree that hereafter neither of them would lay any compensation/damage against each other and the second part hereby specifically agrees that she give up her right of future alimony/maintenance, if any eligible from the first part or other persons related to him under any law in force as she received a sum of Rs.10,00,000-00 as one time full settlement.
6.That this settlement has been executed by both the parties of their own free will and accord without any pressure, inducement, force, compulsion or threat from any quarters and with the full consent of their respective 4/6 http://www.judis.nic.in Crl.O.P.(MD).No.3440 of 2020 parents.”
3. In view of the above, pendency of the proceedings would not serve any purpose.
4. In view of the facts and circumstances, the proceedings in C.C. No.204 of 2019, on the file of the learned Judicial Magistrate No.I, Kovilpatti in Thoothukudi District, is quashed and the Criminal Original Petition is allowed. The memorandum of understanding between the parties shall form a part and parcel of the order.
26.02.2020
Index : Yes/No
Internet : Yes/No
sji
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Crl.O.P.(MD).No.3440 of 2020
A.D.JAGADISH CHANDIRA, J.
sji
To
1.The Judicial Magistrate No.I, Kovilpatti in Thoothukudi District.
2.The Inspector of Police, AWPS, Kovilpatti.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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