ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.40 of 2022 on the file of the 1st respondent police and quash the same.

2. The case of the prosecution is that the defacto complainant and the 1st accused are husband and wife and the 2nd accused is the mother- in-law of the defacto complainant and the marriage between the 1st accused and the defacto complainant is love and arranged one and the 1st accused received money from the defacto complainant on several occasion and the 2nd acccused has also made cruelty upon the defacto complainant. Based on the complaint given by the defacto complainant/second respondent, the case was registered against this petitioner and others in Crime No.40 of 2022 for the offence punishable under Sections 498-A, 323 and 506(1) of IPC. Challenging the said FIR, the petitioner has approached this Court to quash the proceedings.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and she has been falsely implicated in this case. He further submitted that the petitioner is the third party to the family of the 1st accused and she is working under A1 and she is the unmarried girl. He further submitted that already the matter was compromised between the defacto complainant and her husband/A1 to that effect memorandum of understanding has been executed between the parties on 16.10.2022. He further submitted that as per the terms of compromise, part of the articles, car and some of the jewels were received by the defacto complainant and the mutual divorce petition was filed before the Family Court Coimbaore. Hence, he prayed to quash the proceedings.

4. Heard the learned Government Advocate (Crl.Side) appearing for the 1st respondent police and the learned counsel for the second respondent.

5. Considering the facts and circumstances of the case and also the fact that the mutual divorce petition is pending before the Family Court, Coimbatore and the matter was already settled between the 1st accused and the defacto complainant. Hence, the petitioner is the 3rd party, she was falsely implicateds in this case. Therefore, this Court is inclined to quash the proceedings in Crime No.40 of 2022 on the file of the 1st respondent police.

6. In the result, this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs.

09.02.2024 Speaking / Non Speaking order Neutral Citation : Yes/No Index :Yes/No msrm To

1. The Sub Inspector of Police, AWPS – East, Coimbatore City, Coimbatore District.

2. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J., msrm and Crl.M.P.No.15498 of 2022

09.02.2024