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2015 DIGILAW 549 (MAD)

Abdul Gulam v. State rep. by the Inspector of Police, All Women Police Station, Nagercoil

2015-01-30

C.T.SELVAM

body2015
Judgment 1. This petition has been filed under Section 482 Cr.P.C., praying to quash the FIR in Crime No.07 of 2014 on the file of the All Women Police Station, Nagercoil. 2. Heard the learned counsel appearing for the petitioners, learned Government Advocate (Crl. Side) appearing for the first respondent and learned counsel for the second respondent. 3. Pursuant to the matter being referred to mediation, an amicable solution to the dispute between the petitioner and defacto complainant has been arrived at. The same is to be found in the compromise memo, dated 30.01.2015, signed by the petitioners and 2nd respondent -defacto complainant, as also their respective counsel. The contents of the compromise memo reads as follows; "a)The son of the first and second petitioners and the husband of the second respondent by name Abdul Kadar executed a deed of Kula acceptance on 08.01.2015 and thus the marriage between the said Abdul Kadar and the second respondent is dissolved legally. The document is initially with mediation centre and handed over to the second respondent today. b) The girl child namely Aaliyah born out of the wedlock between the first and second petitioners son and the second respondent is with the second respondent. c) Two old passports of the second petitioner and the current passport of the child Aaliyah which were handed over to the Mediation Centre, were today handed over to the second respondent, which she hereby acknowledge. d) The first petitioner ran a shop in Building No.267E, Sivanthipatti Road, Palayamkottai, Tirunelveli. The second respondent is the owner of the said building. The first petitioner vacated this building and handed over the key to the second respondent today in the Mediation Centre. e) The petitioners handed over D.D.No.046600, dated 13.11.2014, drawn on Indian Overseas Bank, Tirunelveli for an amount of Rs.9,00,000/- and another D.D.No.046599, dated 13.11.2014, drawn on Indian Overseas Bank, Tirunelveli for an amount of Rs.1,00,000/- totally Rs.10,00,000/- initially deposited with the Mediation Centre was today handed over to the second respondent towards final settlement. The second respondent has no more claim with the petitioners and their son Abdul Kader. f) Since the marriage held between Abdul Kader, son of first and second petitioners and the second respondent herein is dissolved, both the parties hereby agree and having no objection to remove the name of the spouse on their passport respectively. The second respondent has no more claim with the petitioners and their son Abdul Kader. f) Since the marriage held between Abdul Kader, son of first and second petitioners and the second respondent herein is dissolved, both the parties hereby agree and having no objection to remove the name of the spouse on their passport respectively. g) It is agreed upon by the second respondent not to pursue further Crime No.7 of 2014 on the file of the first respondent Police, in view of the settlement arrived at as stated above and there is no objection to close the said First Information Report pending in Crime No.7 of 2014 on the file of the first respondent Police." 4. In the light of the compromise, this petition shall stand allowed and the FIR, registered in Crime No.7 of 2014, pending on the file of the All Women Police Station, Nagercoil, shall stand quashed. The memo of compromise shall form part of the record. Consequently, connected M.P. is closed.