IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

R.Prakash

S/o. Rajamani, Kalingar Nagar,

Periyapalayam, Tiruvallur District.

Petitioner(s)

vs.

1. State Rep.By,

The Inspector Of Police,

C-1, Uthukottai Police Station,

Tiruvallur District.

2.MARAGATHAM

W/o. Raja, No.9b, Kambar Street,

Ma.Po.Si.Nagar, Kakalur, Tiruvallur District.

Respondent(s)

PRAYER

Criminal Original Petition filed under section 482 of Cr.P.C., seeking to call for the records in CC.No.11 of 2020 pending on the file of the District Munsif cum Judicial Magistrate Court, Uthukottai, Tiruvallur District and to quash the same

as far as the petitioner is concerned

For Petitioner(s): Mr. K.Balasubramaniam

For Respondent(s): Mr.K.M.D. Muhilan, APP For R1

Mr.D.Dayalan For R2

ORDER This Petition has been filed by the petitioner to call for the records in CC.No.11 of 2020 pending on the file of the District Munsif cum Judicial Magistrate Court, Uthukottai, Tiruvallur District and to quash the same as far as the petitioner is concerned.

2. The allegations against the accused in the Final Report is that the engagement of petitioner and the 2nd respondent took place on 04.02.2018 and it was agreed by 2nd respondent side that a Swift Car would be presented for marriage, subsequently, since the petitioner had demanded to present Innova Car during marriage as dowry, the marriage was cancelled. On 02.07.2020, when the petitioner married another women, a complaint was lodged by the 2nd respondent, pursuant to which, a case came to be registered in Cr.No.7 of 2020 and after investigation, final report was filed under section 420 of IPC, Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and the case was taken on file in C.C.No.11 of 2020 before the District Munsif cum Judicial Magistrate Court, Uthukkottai, Tiruvallur District.

3. The petitioner along with the second respondent has filed Memorandum of Understanding dated 05.02.2025, wherein, it has been stated that the petitioner and the 2nd respondent have entered into a Memorandum of Understanding on 05.05.2025, as per which, the petitioner will pay a sum of Rs.6,75,000/- to the 2nd respondent as compensation and the 2nd respondent has also agreed to give consent to quash the criminal proceedings pending in C.C.No.11 of 2020 against the petitioner. As part payment, the petitioner has also paid Rs.3,50,000/- to the 2nd respondent on 05.02.2025 and the 2nd respondent agreed to receive the balance amount of Rs.3,25,000/- on the date of appearing before this Court. To that effect, the petitioner and the 2nd respondent have also filed their affidavits dated 05.02.2025 affirming the above said facts. The petitioner and the 2nd respondent are relatives and they have amicably settled the issues between themselves and hence they seek to quash the Final Report. CRL OP No. 2027 of 2025 4. Ms. S. Thamizh Selvi, Inspector of Police, All Women Police Station, Uthukottai, Thiruvallur District was present before this Court and she informed this Court that the defacto complainant and the petitioner had approached her and informed that since both the parties have amicably settled the disputes between them, they do not want to proceed further with the criminal proceedings.

5. The Defacto Complainant is also present before this Court at the time of hearing. This Court enquired the defacto complainant and she had stated that both the parties have amicably settled the dispute between themselves and she is not willing to proceed with the the criminal proceedings and thus seeks to quash the same.

6. The learned Additional Public Prosecutor appearing on behalf of the first respondent submitted that though the parties entered into a compromise while this case is pending, this Court, taking into account the seriousness of the offence has to consider the issue as to whether an offence of this nature can be quashed on the ground of compromise between parties.

7. The m