Advocates:
['M/S ISAAC CHAMBERS', '', 'GEO J AKASH', 'ASHAIQ ISMAIL', 'P JOHN', 'T HARI GOPALAN', 'H MARY SOWMI REXI']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

CRL.O.P.No.10097 of 2022

and

Crl.M.P.No.5960 of 2022

1. Dr.S.K.Annop

2. N.Sampath

.. Petitioners

Vs

State Represented by

1. The Inspector of Police,

Erode Taluk Police Station

Erode District

2. D.Dhivya Sharona

.. Respondents

PRAYER: Criminal Original petition is filed under Section 482 of

Criminal Procedure Code, to call for the records in connection

with FIR in Crime No.362 of 2021 dated 14.08.2021, on the file

of the 1^st respondent, Erode Taluk Police Station, Erode District

and quash the same.

For Petitioners

:

Mr.Isaac Mohanlal for

M/s.Isaac Chambers

For Respondents

For R1

:

Mr.A.Gokulakrishnan

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for

the records in connection with FIR in Crime No.362 of 2021 dated

14.08.2021, on the file of the 1^st respondent/Police and quash

the same.

2. The case is still at the stage of investigation. By

passage of time, the parties have decided to bury their hatchet

and compromise the dispute amicably among themselves.

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3.The case of the prosecution is that the first petitioner

married the second respondent/defacto complainant in the year

2011 and the first petitioner had demanded a sum of Rs.10 lakhs

from the defacto complainant and the same was deposited in FD

account and a sum of Rs.5 lakhs was given in cash. After the

birth of their daughter in 2013, the first petitioner started

harassing the second respondent/defacto complainant and had

minimal visit to her. The second respondent/ defacto complainant

when came to know about the illegal relationship of the first

petitioner, questioned him, but there was no answer. After

several attempts by the defacto complainant to settle the

dispute amicably, there was no response. Therefore, the defacto

complainant decided to take care of herself and her belongings.

But the first petitioner vacated the house when he was

questioned about the defacto complainant's belongings, he

promised to return the same in the month of February 2021, but

failing which, the defacto complainant given a complaint to the

first respondent and the same was registered in Crime No.362 of

2021 dated 14.08.2021, on the file of the first respondent

police. Hence this petition.

4.The learned counsel for the petitioners would submit that

the 1^st petitioner is the husband and 2^nd petitioner is the

father-in-law of the 2^nd respondent/de-facto complainant. He

would further submit that the matter has arisen out of

matrimonial dispute. Due to intervention of elders, wellwishers

and family members, the matter has been compromised between the

parties and the articles have also been exchanged by both the

parties. Hence, he seeks to quash the First Information Report.

5.The learned Additional Public Prosecutor appearing for

the 1^st respondent would submit that based on the complaint given

by the 2^nd respondent/de-facto complainant, a case in Crime

No.362 of 2021 for the offences under Sections 498(A), 406, 420

and 506(i) of IPC, was registered against the petitioners.

6.The learned counsel appearing for the 2^nd respondent/de-

facto complainant would submit that the matter has been

compromised between the parties and the articles have also been

exchanged by both the parties. He would further submit that the

2^nd respondent/de-facto complainant does not want to proceed with

the complaint further.

7.The parties have compromised the matter and also filed a

Joint Memo of Compromise before this Court, which have been

signed by the petitioners and the second respondent and also by

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their respective counsel. The petitioners and the second

respondent were also present in person before this Court and

they were