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2014 DIGILAW 1748 (MAD)

Kannan @ Thiyagarajan v. Gayathri @ Latha

2014-06-27

P.N.PRAKASH

body2014
Judgment : 1. This Criminal Revision Case has been filed challenging the order dated 21.08.2013 in C.A.No.14 of 2011 passed by the Sessions Court, Tiruchirappalli in a proceedings under Domestic Violence Act. 2. During the course of the hearing of this revision petition, the parties have entered into a compromise and they have filed a compromise memo vide USR 1539/2014, dated 26.06.2014, prepared in Tamil which has been signed by Mr.Kannan @ Thiyagarajan, who is the first petitioner in the Criminal Revision Petition and who is the husband of the respondent by name Gayathri @ Latha. In terms of this compromise memo, Kannan @ Thiyagarajan has paid a sum of Rs.5,00,000/- to Gayathri @ Latha by a Demand Draft for Rs.3,50,000/- and another sum of Rs.1,50,000/- has been deposited for a period of ten years in the name of their child Dharani. The interest from the deposit can be utilised by his wife Gayathri @ Latha for her day to day expenses. This sum of Rs.5,00,000/-represents a full and final settlement of all claims viz., past, present and future. 3. Kannan @ Thiyagarajan has filed H.M.O.P.No.345 of 2005 against his wife Gayathri @ Latha which is pending before the Family Court, Madurai in which he has prayed for dissolution of marriage. Gayathri @ Latha has agreed that she will join with Kannan @ Thiyagarajan to file a petition under Section 13B of the Hindu Marriage Act to dissolve the marriage by mutual consent. 4. Gayathri @ Latha shall withdraw M.C.No.159 of 2007 which is pending on the file of the Chief Judicial Magistrate, Tiruchirappalli. She shall also withdraw Cr.M.P.No.10 of 2011 on the file of Judicial Magistrate No.5, Trichy, filed under the Domestic Violence Act. 5. In view of this settlement arrived at between the parties, this Criminal Revision Petition is allowed and the orders passed by the Courts below in the Domestic Violence proceedings are set aside. 6. Mrs.Santha, the mother of Kannan @ Thiyagarajan has lodged a complaint with Thilagarthidal Police Station in Madurai based on which a case in Crime No.536 of 2013 for offences under Sections 294(b), 506(i), 323 I.P.C. was registered by the police and a final report has been filed against Gayathri @ Latha and her parents and brothers before the Judicial Magistrate No.II, Madurai. 7. In view of this settlement, both parties agreed that the said prosecution should be quashed. 7. In view of this settlement, both parties agreed that the said prosecution should be quashed. The said prosecution is the fallout of the matrimonial dispute between Kannan @ Thiyagarajan and his wife Gayathri @ Latha. The Hon'ble Supreme Court inJitendra Raghuvanshi and others vs. Babita Raghuvanshi and another [ (2013) 4 SCC 58 ] has held that when matrimonial disputes are settled, the Courts should use its inherent powers to quash the prosecutions arising therefrom. In view of this settlement arrived at between the parties, this Court in exercise of its power under Section 482 Cr.P.C. deems it just and necessary to quash the proceedings in the final report filed before the Judicial Magistrate No.II, Madurai. Accordingly, the proceedings pursuant to Thilagarthidal Police Station Crime No.536 of 2013 which is pending as final report before the Judicial Magistrate No.II, Madurai, is hereby quashed. 8. With the above directions, this Criminal Revision Petition is allowed. Consequently, connected miscellaneous petition is closed. The compromise memo dated 26.06.2014 shall be made part of this order.