As the multi billion dollar matrimonial and dowry case industry moves on, we see case after case, quash after quash for huge settlements. Here is a case where quash of 498a and mutual divorce is accepted for 50 lakhs !
Worse still, the money paid by the husband is called COMPENSATION as if he is the ONLY wrong doer and he has to compensate the woman !! In spite of this Sad state of marriages and matrimonial legislation in India, men are queuing up to get married as if there is NO tomorrow !!
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
THE HON’BLE MR.JUSTICE S.VAIDYANATHAN
Crl.O.P.(MD) Nos.11911 of 2015 and 23086 of 2015
2. S.Palaniappan … Petitioners/A2 & A3 in Crl.O.P.(MD)11911/2015
1. S.Muthukumar … Petitioner/A1 in Crl.O.P.(MD)23086/2015
1. State Represented by
The Inspector of Police,
All Women Police Station (South) Madurai
(Crime No.18/2015) … 1st Respondent/ Complainant in both petitions
2. M.Vallikannu … 2nd Respondent / Defacto Complainant in both petitions
Common Prayer: Petitions filed under Section 482 of Code of Criminal Procedure to call for records pertaining to the FIR in Crime No.18 of 2015 dated 11.06.2015 on the file of the 1st respondent police for offences under Sections 498(A) and 506(i) IPC and quash the same as illegal insofar as the petitioners are concerned.
For Petitioners : Mr.T.Lajapathi Roy
For R1 : Mrs.S.Prabha Govt. Advocate (Crl.Side)
:C O M M O N O R D E R
- These petitions have been filed seeking to quash the case registered in Crime No.18 of 2014 on the file of the 1st respondent police, pursuant to the amicable settlement effected between the parties.
- It is seen that the case in Crime No.18 of 2014 for the alleged offences under Sections 498(A) and 506(i) IPC, has been registered against the petitioners / Accused. On 02.07.2015, this Court referred the matter in Crl.O.P.(MD) No.11911 of 2015, filed by the in-laws of the defacto complainant to the Mediation and Conciliation Centre attached to this Court. Since the husband of the defacto complainant has filed a separate petition in Crl.O.P.(MD) No.23086 of 2015 seeking to quash the FIR, the same has been clubbed together with Crl.O.P.(MD) No.11911 of 2015 for hearing. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
- When these matters are taken up for hearing, the petitioners/A2 & A3 in Crl.O.P.(MD) 11911 of 2015 and the second respondent, appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the Government Advocate (Crl.Side) through the respondent Police. It was represented by the 1st petitioner/A2 in Crl.O.P.(MD) No.11911 of 2015 that since his son / the petitioner (A1) in Crl.O.P.(MD) No.23086 of 2015 is in United States of America, he has executed a General Power of Attorney in his favour to represent the case before this Court and a xerox copy of the said Power of Attorney dated 27.10.2015 has been produced before this Court. As per the recent judgment of the Hon’ble Division Bench of this Court, a Power of Attorney is entitled to appear on behalf of the Principal, present documents and produce materials before the Court.
- It is seen from the Mediation Report dated 19.11.2015 that the matter has been amicably settled between the parties in the Mediation Centre and the terms of settlement arrived at between them before the Mediation and Conciliation Centre, attached to this Court read as under:
- “…Both sides, out of their own volition and without any pressure or coercion from any side have agreed as follows:
- 1.Both parties have agreed to settle the dispute amicably. The 1st petitioner (2nd accused), Son of Thiru.S.Muthukumar (1st accused) and defacto- complainant agrees to live with their life separately.
- 2.The defacto-complainant accepts to withdraw the complaint given against the petitioners before the All Women Police Station (South), Madurai in Cr.No.18 of 2015.
- 3.The 1st petitioner (2nd accused) Son of Thiru.S.Muthukumar (1st accused) accepts to pay the compensation amount of Rs.50,00,000/- (Rupees fifty lakhs only) to the defacto-complainant. Out of Rs.50,00,000/-, the petitioner has initially paid today (19.11.2015), Rs.5,00,000/- (Rupees five lakhs only) to the defacto complainant before the Mediator. At the time of filing the mutual divorce before the Family Court, Madurai, the petitioner agreed that he would pay an amount of Rs.5,00,000/- (Rupees five lakhs only) and the rest of the amount of Rs.40,00,000/- (Rupees forty lakhs only) would be paid after six months i.e. both parties appearing for giving evidence before the Family Court, Madurai…”
- The defacto complainant / 2nd respondent has stated that she has received the amount of Rs.5,00,000/- as per the settlement.
- In addition, the parties have also filed a common joint memo of compromise dated 20.11.2015 duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to withdraw the above case in Crime No.18 of 2015 pending on the file of the first respondent.
- Earlier, this Court also entertained such request in similarly placed matters in Crl.O.P.(MD) Nos.406, 530 and 864 of 2016 (Prabu and others vs. State Rep. By The Inspector of Police and others), decided on 27.01.2016, by considering various decisions rendered by the Hon’ble Supreme Court in this regard in several cases, namely, Gian Singh vs. State of Punjab and another [(2012) 10 SCC 303], B.S.Joshi vs. State of Haryana [(2003) 4 SCC 675], Nikhil Merchant vs. CBI [(2008) 9 SCC 677], Narinder Singh and others vs. State of Punjab and another [(2014) 6 SCC 466] and State of Madhya Pradesh vs. Manish and others [(2015) 8 SCC 307] and observed as under: “….11. If the offences against women and children and the IPC offences falling under the categories, like, murder, attempt to murder, offence against unsound mind, rape, bribe, fabrication of documents, false evidence, robbery, dacoity, abduction, kidnapping, minor girl rape, idol theft, preventing a public servant from discharging of his/her duty, outrage of woman modesty, counterfeiting currency notes or bank notes, etc., are allowed to be compounded, it will surely have serious repercussion on the society, as the above mentioned list is only illustrative and not exhaustive…” Similarly, any compromise between the victim and the offender in relation to the offences clubbed with Special Enactment, like Arms Act, the Prevention of Corruption Act, TNPPDL Act, TNPID Act or the offences committed by Public Servants while working in that capacity, etc., cannot provide for any basis for quashing criminal proceedings involving such offences. As held by the Apex Court, insofar the offences arising out of matrimonial dispute, relating to dowry or the family disputes where the wrong is basically private or personal in nature, are concerned, the possibility of conviction is remote and bleak, in case the parties resolve their entire disputes amicably among themselves. This Court feels that there cannot be any compromise in respect of the heinous and serious offences of mental depravity and in that case, the Court should be very slow in accepting the compromise. If the compromise is entertained mechanically by the Court, the accused will have the upper hand. The jurisdiction of this Court may not be allowed to be exploited by the accused, who can well afford to wait for a logical conclusion. The antecedents of the accused have also to be taken into consideration before accepting the memo of compromise and the accused, by means of compromise, cannot try to escape from the clutches of law
- Taking note of the judgments referred to supra, considering the nature of allegations and in view of the mediation report dated 19.11.2015 and the common joint memo of compromise dated 20.11.2015, this Court is of the opinion that no useful purpose would be served in keeping the matters pending. Therefore, the entire proceedings in Crime No.18 of 2015 on the file of the first respondent in respect of the petitioners/accused alone, are hereby quashed. Accordingly, these Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties. The Mediation Report dated 19.11.2015 and the common joint compromise memo dated 20.11.2015 shall form part of this common order. However, it is made clear that the petitioner in Crl.O.P.(MD)No.23086 of 2015 shall be present before the concerned Court as and when his presence is absolutely necessary. Consequently, connected miscellaneous petition is closed. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com
- The Inspector of Police, All Women Police Station (South) Madurai
The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. .
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CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting