IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.11.2007
CORAM
THE HONOURABLE MR. JUSTICE K. MOHAN RAM
CRIMINAL ORIGINAL PETITION No.33359 of 2007
1. Ramesh Ramamurthy
2. M.S. Ramamurthy
3. Bhuvaneswari Ramamurthy
4. Saikumar Ramamurthy ...Petitioners
Vs.
1. State
Inspector of Police
All Women Police Station
Trichirapalli.
2. Subha ...Respondents
Criminal Original Petition filed under Section 482 of
Cr.P.C. praying to call for the records in C.C.No.10668 of
2005 pending on the file of the Chief Metropolitan
Magistrate, Egmore and quash the same.
For Petitioners : M/s. K. Kannan
For R1 : Mr. Hasan Mohamed Jinnah, G.A.(Crl.Side)
For R2 : M/s. Muthupandian
O R D E R
The above criminal original petition has been
filed to quash the complaint in C.C.No.10668 of 2005 pending
on the file of the Chief Metropolitan Magistrate, Egmore.
2. During the pendency of the above case, as seen
from the affidavit filed by the second respondent, who is
the defacto complainant that the defacto complainant and the
first petitioner in the criminal original petition, who is
the husband of the defacto complainant had arrived at an
amicable settlement before the Hon’ble Division Bench of
this Court on 27.06.2007. Pursuant to the said settlement
arrived at, a decree for divorce has been granted by this
Hon’ble High Court in C.M.A.No. 3054 of 2006 on 27.06.2007.
In the affidavit, the defacto complainant has stated that
she would not pursue the criminal case in future.
3. Heard the learned counsel for the petitioner,
learned Government Advocate (Crl.Side) for the first
respondent and the learned counsel for the second
respondent.
4. Learned counsel for the petitioner by relying upon a
decision in B.S. JOSHI AND OTHERS VS. STATE OF HARIYANA AND
ANOTHER reported in AIR 2003 Supreme Court 1386 and in RUCHI
AGARWAL VS. AMIT KUMAR AGARWAL reported in 2005(3) SCC 299,
submitted that in the matrimonial matter, if the husband and
wife amicably settled the dispute, this Court can invoke the
power under Section 482 of Cr.P.C. so as to enable the
parties to live in peace.
5. Learned Government Advocate (Crl.Side) appearing for
the first respondent fairly submits that the complaint in
C.C.No.10668 of 2005 may be quashed by relying upon the
aforesaid Apex Court decisions.
6. In the decision reported in AIR 2003 Supreme Court
1386 (B.S. JOSHI AND OTHERS VS. STATE OF HARIYANA AND
ANOTHER), in paragraphs 12, 14 and 15, the Apex Court has
observed as follows:
” 12. The special features in such
matrimonial matters are evident. It
becomes the duty of the Court to encourage
genuine settlements of matrimonial
disputes.
13. …….. ………… ………
14. There is no doubt that the object
of introducing Chapter XX-A containing
Section 498-A in the Indian penal code was
to prevent the torture to a woman by her
husband or by relatives of her husband.
Section 498-A was added with a view to
punishing a husband and his relatives who
harass or torture the wife to coerce her
or her relatives to satisfy unlawful
demands of dowry. The hyper-technical view
would be counter productive and would get
against interests of women and against the
object for which this provision was added.
There is every likelihood that non-
exercise of inherent power to quash the
proceedings to meet the ends of justice
would prevent women from setting earlier.
That is not the object of Chapter XXA of
Indian Penal Code.
15. In view of the above discussion,
we hold that the High Court in exercise of
its inherent powers can quash criminal
proceedings or FIR or complaint and
Section 320 of the Code does not limit or
affect the powers under Section 482 of the
Code.”
7. In RUCHI AGARWAL VS. AMIT KUMAR AGARWAL reported in
2005(3) SCC 299, in paragraphs 7, 8 and 8, the Apex Court
has observed as follows:
” 7. It is based on the said compromise
the appellant obtained a divorce as
desired by her under Section 13-B of the
Hindu Marriage Act and in partial
compliance with the terms of the
compromise she withdrew the criminal case
filed under Section 125 of the Criminal
Procedure Code but for reasons better
known to her she did not withdraw that
complaint from which this appeal arises.
That apart after the order of the High
Court quashing the said complaint on the
ground of territorial jurisdiction, she
has chosen to file this appeal. It is in
this background, we will have to
appreciate the merits of this appeal.
8. ……….. ……………
………………. ………….
…………..
…………… …………………
……………… ………….
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Therefore, we are of the opinion that the
appellant having received the relief she
wanted without contest on the basis of the
terms of the compromise, we cannot now
accept the argument of the learned counsel
for the appellant. In our opinion, the
conduct of the appellant indicates that
the criminal complaint from which this
appeal arises was filed by the wife only
to harass the respondents.
9. In view of the abovesaid
subsequent events and the conduct of the
appellant, it would be an abuse of the
process of the Court if the criminal
proceedings from which this appeal arises
is allowed to continue. Therefore, we are
of the considered opinion to do complete
justice, we should while dismissing this
appeal also quash the proceedings arising
from criminal case Cr.No.224 of 2003
registered in Police Station Bilaspur
(District Rampur) filed under Sections 498-
A, 323 and 506 IPC and under Sections 3
and 4 of the Dowry Prohibition Act against
the respondents herein.”
8. A perusal of the said observations of the Apex Court
makes it abundantly clear that if the parties to the
matrimonial dispute amicably settle the dispute, then it
becomes the duty of the Court to encourage genuine
settlements of matrimonial disputes and the High Court in
exercise of its inherent powers can quash the criminal
proceedings or FIR or complaint.
9. In view of the facts stated above and in the light
of the Apex Court decisions, the criminal original petition
is allowed and C.C.No.10668 of 2005 pending on the file of
the Chief Metropolitan Magistrate, Egmore, is quashed.
mra
To
1. The Inspector of Police
All Women Police Station
Trichirapalli.
2. The Public Prosecutor
High Court
Madras 104.