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2014 DIGILAW 3130 (MAD)

S. Venkatesh v. State rep. By The Inspector of Police, All Women Police Station, (South) Madurai City

2014-09-05

N.KIRUBAKARAN

body2014
Judgment : At the instance of the second respondent, a case has been registered against the petitioner herein under Sections 498-A, 406 and 506(i) and Section 4 of Tamil Nadu Prohibition of Woman Harassment Act, on 17.12.2013. After investigation, charge sheet has been filed. The said proceedings are challenged before this Court. 2. The second respondent as well as the petitioner are present before this Court. The second respondent categorically stated that she is not interested in continuing the criminal proceedings. Therefore, seeks quashing of the First Information Report. 3. It is also reported by both the parties that already O.S.No.40 of 2013 has been filed by the petitioner herein against the second respondent before the Family Court at Madurai, seeking declaration of marriage between the petitioner and the second respondent on 18.10.2012 as null and void and the same is pending. Both the parties represented that they will also file a memo before the Family court to give a declaration that the marriage is null and void by consent. In this regard, a joint memo of settlement duly signed by the petitioner and the second respondent/defacto complainant, counter-signed by the respective counsel has been filed. Paragraph No.3 of the memo of compromise is extracted as follows: “Further we submit that the petitioner herein has filed a petition before the Family Court, Madurai on 06.12.2013 to declare our marriage null and void and the same is pending disposal. As we come to amicable settlement without going into merits and demerits of the case and also in view of the withdrawal of the criminal case we have decided to file the order copy this Honourable Court before the Family Court and pray before the Family Court, Madurai to pass suitable order to break our marriage tie which took place on 18.10.2012. Hence, we humbly pray this Honourable Court that on quashing the criminal case a suitable order or direction may please be passed to the family court to dispose of the pending case in O.S.No.40 of 2013 to dissolve our marriage held on 18.10.2012 between us.” 4. In view of the above development, no useful purpose will be achieved by further proceeding with the above matter. 5. Therefore, this court directs both the parties to appear before the Family Court, Madurai on 10.09.2014 and file a joint memo stating that they agree for dissolving of the marriage. In view of the above development, no useful purpose will be achieved by further proceeding with the above matter. 5. Therefore, this court directs both the parties to appear before the Family Court, Madurai on 10.09.2014 and file a joint memo stating that they agree for dissolving of the marriage. On such filing of a memo, the Family Court at Madurai is directed to pass appropriate orders dissolving the marriage on the same day, as the parties are living separately for more than one year. Consequently, no useful purpose will be achieved by proceeding with the above matter. 6. In view of that, F.I.R in Cr.No.34 of 2013, on the file of the first respondent, is quashed and this Criminal Original Petition is allowed.