IN THE HIGH COURT OF JUDICATURE AT MADRAS Date: 09.03.2010 THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P. No.2058 of 2010 & M.P. No. 1 of 2010 1. K. Jaikrishnan 2. K. Kannan 3. Padmavathi ... Petitioners. -Vs.- 1. The Inspector of Police All Women Police Station (West) Coimbatore 2. R. Chitrasree ... Respondents. Prayer: Petition filed under Section 482 Cr.P.C to call for the records relating to F.I.R. No. 8 of 2009 on the file of the Inspector of Police, All Women Police Station (West), Coimbatore / 1st respondent herein and quash the same. For Petitioners : Mr. K. Kalayanasundaram For R1 : Mr. J.C. Durairaj Govt. Advocate (Crl.Side) ------- ORDER
These petitioners seek quash of investigation in Crime No. 8 of 2009 on the file of the first respondent police. The first petitioner is the son of the petitioners 2 & 3. The first petitioner married the 2nd respondent / defacto complainant on 20.01.2008. The marriage was a short lived affair and the couple parted ways on 04.05.2009. Subsequently, the second respondent lodged a complaint against the petitioners on 07.05.2009 under Section 498(A), which came to be registered in Crime No. 8 of 2009 on the file of the first respondent. Now, the parties have entered into compromise and the marriage was dissolved by mutual consent under Section 13(b) of the Hindu Marriage Act. The defacto complainant had then agreed to withdraw the complaint.
2. Learned counsel for the second respondent confirms the above position. Following the decision of the Hon’ble Apex Court in B.S. Joshi and others Vs. State of Haryana and another (2003 Supreme Court Cases (Cri) 848) , wherein the Apex Court has held that “The special features in such matrimonial matters are evident. It becomes the duty of the court to encourage genuine settlements of matrimonial disputes.”
3. Following the above dictum, this Court would quash further investigation in Crime No. 8 of 2009 on the file of the Inspector of Police, All Women Police Station (West), Coimbatore. Consequently, the Criminal Original Petition is allowed and the connected miscellaneous petition is closed.
Index:Yes 09.03.2010 Internet:Yes ar To 1. The Inspector of Police All Women Police Station (West) Coimbatore 2. The Public Prosecutor, High Court, Madras C.T.SELVAM.,J ar Crl.O.P. No.2058 of 2010 09.03.2010