P. Madankumar v. The Deputy Superintendent of Police, Vellore (Dt. ) & Others
2010-10-03
C.T.SELVAM
body2010
DigiLaw.ai
Judgment :- This petitioner seeks to quash the proceedings pending in P.R.C. No. 6 of 2007 on the file of the learned Judicial Magistrate, Arakkonam. In such case, the learned Magistrate framed charges under Sections 417, 376 and 506(ii) IPC r/w 3(1) (XII) of SC & ST P.A. Act 1989. Such case relates to a complaint dated 29.04.2007 preferred by the third respondent, which came to be registered in Crime No. 15 of 2007 on the file of the second respondent for offences under Sections 417, 376 and 506(ii) IPC r/w 3(i) X & XII of SC & ST Act 1989. 2. When the matter is called today, both the petitioner and third respondent are present along with respective counsels. The affidavit of the third respondent has been filed, which informs that she and the petitioner have been married since 21.08.2007 and have a girl child out of the wedlock. She is living peacefully and leading a happy married life. 3. In such circumstances, this Court, following the decision of the Honble Apex Court in B.S. Joshi Vs. State of Haryana and another (2003 Supreme Court Cases (Cri) 854), wherein it is held that "the special features in such matrimonial matters are evident. It becomes the duty of the court to encourage genuine settlements of matrimonial disputes." 4. In view of the above decision, this Court would quash the proceedings in P.R.C. No. 6 of 2007 on the file of the learned Judicial Magistrate, Arakkonam. Consequently, the Criminal Original Petition is allowed and the connected miscellaneous petitions are closed.