IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.04.2025 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.26511 of 2024 and Crl.M.P.No.14751 of 2024

1.Ashok Kumar 2.D.Rajendiran

3.R.Sumathi

4.S.Anitha

5.N.Saran Raj

6.R.Raj Kumar

7.Rathika

8.Sudha ... Petitioners Vs.

1.State represented by, its Inspector of Police, W6 All Women Police Station Aynavaram, Chennai 600 023.

2.S.Girija Ishwarya ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in C.C.No.33 of 2024 pending before the Additional Mahila Court, Egmore and quash the same.

For Petitioners : Mr.S.Haja Mohideen Gisthi For R1 : Mr.R.Vinothraja, Government Advocate (crl.side)

For R2 : No appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.33 of 2024 pending before the Additional Mahila Court, Egmore.

2. The case of the prosecution is that on 20.03.2021, the defacto complainant lodged a complaint against the petitioners alleging that the first petitioner (Accused No.1) had married her by deceit, coerced her into terminating her pregnancy and subsequently, along with the other accused, physically assaulted her. Pursuant to the said complaint, the first respondent registered a case in Crime No.3 of 2021 for the offences punishable under Sections 498(A), 323 and 506(2) of IPC and the same has been taken cognizance in C.C.No.33 of 2024 on the file of the Additional Mahila Court, Egmore.

3. The learned counsel for the petitioners would submit that the dispute between the parties has been amicable resolved through a Memorandum of Understanding. Pursuant to the settlement, both parties have obtained a decree of divorce by mutual consent. The Second respondent had also agreed to withdraw the criminal complaint. It is further submitted that continuing the proceedings would amount to abuse of process of law. Hence, he seeks to quash the proceedings in C.C.No.33 of 2024.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side) appearing for the first respondent. Though notice was served on the second respondent, no one appeared either in person or through pleader.

5. On perusal of records, it is evident that after the complaint was lodged by the second respondent, a Memorandum of Understanding was entered into between the first petitioner and the second respondent which read as follows:

MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is executed at Chennai on this the 27 day of September, 2022;

Between MR. R. Ashok Kumar S/o. D.Rajendhiranaged about 29 Years, Hindu residing at No: 603A, Marudhamalai Murugan Nagar, KK Road, Villupuram 605602 hereinafter called as the "First Party" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include her successors, legal representatives and permitted assigns);

And Ms. S. Girijalyswaryah D/o. G.N. Sellathurai aged about 25 Years, Hindu residing at No.: 2/2, SomiyaStreet, Agaram, Chennai 600082. hereinafter called the "Second Party" (which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include his successors, legal representatives and permitted assigns); Whereas each of the parties mentioned above, are hereinafter collectively referred to as the "Parties" and individually as a "Party".

Whereas the said Parties solemnized their marriageon22.06.2018 before the office of the Joint - Sub Registrar II at Cuddalore. the said marriage was registered as Marriage Serial No: 1109/2018 Thereafter the said Parties were living together and there is no issue born out of the said wedlock.

1. Whereas due to the continuous and strong difference of opinion between the First Party and the Second Party, they found themselves incompatible with each other and the same resulted in their separation. In spite of various negotiations held on various occasions by the elders a