follow up to moolah & apartment quash

This is the 498a, etc quash portion of the deal !!

Please see earlier post @https://vinayak.wordpress.com/2015/03/02/chennai-apartment-moolah-for-498a-125-quash/for details

*****************************disclaimer**********************************

This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

******************************************************************

CASE FROM JUDIS / INDIAN KANOON WEB SITE

******************************************************************

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 22.12.2014

CORAM : THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

Crl.OP Nos.32762 of 2014

1.R.Madana Gopal

2.Rajalakshmi … Petitioners

vs.

1.Mrs.Usha Sathyam @ Usha

2.Inspector of Police,

W7, All Women Police Station,

Anna Nagar, Chennai 40 … Respondents

Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records and record the memorandum of compromise and quash the criminal proceedings in C.C.No.5760/07 pending before the learned Chief Metropolitan Magistrate, Egmore.

For Petitioners :Ms.R.Mahalakshmi

For R.1 :Ms.M.Mullaikodi

For R.2 :Mr.M.Maharaja, Additional Public Prosecutor

ORDER

The first respondent herein claims to be the wife of the first petitioner. A case has been registered as against the petitioners herein for offence under Sections 498(A), 406, 494 I.P.C., & 4 & 6 of Dowry Prohibition Act in Crime No.14/2006 by the second respondent police. The second respondent has filed charge sheet in C.C.No.5760 of 2007 and the same is pending on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai. Seeking to quash the said case, the petitioners are before this Court with this petition.

2.I have heard the learned counsel for the petitioners and the learned counsel for the first respondent and the learned Additional Public Prosecutor appearing for the second respondent and I have also perused the records carefully. The first petitioner and the first respondent are also present before this Court. I have heard them also.

3.This petition has been filed on the ground that the dispute between the parties have been settled amicably by them and therefore, the said case can be quashed recording the compromise. As a matter of fact, the first respondent has filed an affidavit before this Court, wherein, in paragraph Nos.2 to 6 it has been stated as follows:-

2.I submit that I am the first respondent herein and as such I am well acquainted with the facts and circumstances of the case. I submit that based on the complaint given by me for alleged offences u/s 494, 498(A) of I.P.C., r/w Section 4 of the Dowry Prohibition Act before the respondent police the case has been charge sheeted and taken cognizance by Hon’ble Chief Metropolitan Magistrate, Egmore in C.C.No.5760/2007. I submit that pending disposal of the cases compromise has been initiated by both of us.

2.I submit that considering the betterment of our future it has been mutually agreed that the amount of Rs.3,00,000/- which has been paid by the first petitioner by way of pay order No.014891 dated 07.06.2013 drawn on Karnataka Bank Limited, Mint Street Branch, Chennai in favour of Velammal Matriculation Higher Secondary School, towards the educational fee deposited for the minor M.Poona Shruthy shall be retained by me.

3.I submit that it is mutually agreed that the first petitioner has paid Rs.2,00,000/- (Two lakhs only) by way of cash to me and I undertake that this sttlement amount has been received as full and final settlement and I have no present or future claims against the first petitioner.

4.I submit that it is mutually agreed that after recording the memorandum of compromise before the Hon’ble High Court, Chennai, the first petitioner will settle the immovable property situated at Door NO.441/10, in M Block, Royal Enclave, Anna Nagar, Chennai 102 in favour of minor M.Pooja Shruthy, aged 16 years who is under the natural guardianship of me on the same day by way of settlement deed.

5. I submit that based on the compromise, I agree and undertake to withdraw the maintenance petition in M.C.No.234 of 2007 on the file of the Hon’ble Ist Additional Family Court, Chennai and the Criminal case in C.C.No.5760 of 2007 for the alleged ofences under Sec. 494 and 498A I.P.C., Sec. 4 of the Dowry Prohibition Act, taken cognizance by the Hon’ble Chief Metropolitan Magistrate, Egmore.

6.I submit that I undertake that me or my children will not claim any right or share over the properties or estate of the party of the petitioner either now or in future

4.The said affidavit shall form part of the record. The parties who are present before this Court would reiterate the compromise and they would request the Court to quash the said proceedings.

5.Having regard to the fact that the dispute is matrimonial in nature and the parties have reached the compromise, I am inclined to quash the said proceedings in terms of the compromise reached between the parties.

6.In the result, the Criminal Original Petition is allowed and the case in C.C.No.5760 of 2007 of 2007 pending on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai is quashed.

22.12.2014

jbm

To

1.The Chief Metropolitan Magistrate, Egmore, Chennai.

2.The Public Prosecutor, High Court, Madras.

S.NAGAMUTHU,J

jbm

Crl.OP Nos.32762 of 2014

22.12.2014

Tags :

#125_CrPc

#125CrPC_quash

#498a_quash

#494_quash

#Apartment_and_moolah_quash

PDF Uploaded to http://1drv.ms/1N7yZ68

*****************

FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress or http://evinayak.tumblr.com/ FOR 100s of high court and supreme court cases

regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s