BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.11.2023 CORAM THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD)No.15624 of 2020 and Crl.M.P.(MD) No.7649 of 2020

1. Rajipur Rahman

2. Megarnisha

3. Bhummita Nilobar @ Fahmitha Nilofar

4. Riyana Nilofar

5. Sultan Alavudeen .. Petitioners/A1 to A3, A5 & A6 Vs.

1. The State rep by, The Inspector of Police, All Women Police Station, Thallakulam, Madurai District.

(Crime No.43 of 2019) .. 1^st Respondent/

Complainant

2. S.Riswana Begum .. 2^nd Respondent/De-facto Complainant PRAYER: Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the records relating to the impugned FIR in Crime No.43 of 2019 dated 12.10.2019 on the file of the 1^st respondent herein, and quash the same in so far as the petitioner is concerned.

For Petitioners : Mr.Aayiram K.Selvakumar For Respondents : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)

for R1 : Mrs.S.Riswana Begum

ORDER

The petitioners filed this petition to quash the FIR in Crime No.43 of 2019 dated 12.10.2019 on the file of the first respondent herein. 2. The reading of the FIR shows that the marriage between the first petitioner and the second respondent was solemnized on 14.04.2013. She gave the complaint before the first respondent police alleging that the accused demanded additional dowry and made cruelty on her and her child. Hence, the said complaint was registered in Crime No.43 of 2019 for the offence under Sections 498A, 406 and 506(i) IPC. Thereafter, they got mutual divorce in O.S.No.60 of 2018 before the Family Court, Madurai. Even after the legal divorce effected between the parties the FIR is still pending. Hence, the petitioners filed this petition to quash the said FIR.

3. Pending the quash petition, this Court directed the defacto complainant/2^nd respondent to appear before this Court. The defacto complainant along with her father appeared before this Court and made a submission that she has no objection to quash the proceedings in Crime No.43 of 2019 provided that the first petitioner and his family members shall not interfere their life and also ensure their safety. She has also produced a written consent letter in this regard before this Court and the same is extracted as follows:

“1. nkw;go tHf;fpy; ehd; 2tJ vjph;kDjhuhf cs;nsd;/ ehd; bfhLj;j g[fhhpd; nghpy; 1tJ vjph;kDjhuh; gjpt[ bra;j FIR 43/2019I uj;J bra;af;nfhhp jhf;fy; bra;Js;s tHf;fhFk;/

2/ vdf;Fk; nkw;go 1tJ kDjhuUf;F Vw;gl;l jpUkzk; kJiu FLk;gey ePjpkd;wj;jpy; tHf;F O.S.No.18/2018y; 04.02.2020 md;W uj;J bra;ag;gl;L jPh;g;g[ tH';fg;gl;L. ,UtUk; jdpj;jdp thH;f;if thH;e;J tUfpnwhk;/ nkYk; vdf;Fhpa eif kw;Wk; buhff; k; aht[k; bgw;Wf;bfhzL; tpl;ljhy; nkw;bfhz;L nkw;go tHf;F vz;/43/2019 bjhlh;e;J elj;j vdf;F tpUg;gk; ,y;iy.

Vdnt nkw;go tHf;fpid uj;J bra;a nfhhpa[s;s Fw;w vz;.43/2019 I uj;J bra;tjw;F vdf;F vt;tpj Ml;nrgiza[k; ,y;iy/

j';fs; cz;ika[ss; .

15.11.2022. S.Riswana Begum”

4. This Court has considered the submissions made by both side and perused the documents produced before this Court.

5. In view of the development between the parties and in order to maintain peace, this Court is inclined to peruse the contents of the FIR. In the contents of the FIR, it is stated that the accused said to have caused cruelty to the defacto complainant without mentioning any specific date. In the absence of any specific date and also they got divorce, this Court finds no offence under Sections 498A, 406 and 506(i) IPC is made out.

In the said circumstances, this Court is inclined to quash this petition.

6. Further, consensus had already been arrived at between the parties, no purpose will be served in keeping the First Information Report in Crime No.43 of 2019 pending on the file of the first respondent police.

Hence, this Court is inclined to quash the First Information Report. 7. In the result, this Criminal Original Petition is allowed and the First Information Report in Crime No.43 of 2019 on the file of the first respondent stands quashed. Consequently, c