Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 69061 (MAD)

RAJ KANNAN v. STATE REP BY

CRL OP/19874/2022 · 2025-03-07

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl. O.P. No.19874 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.03.2025 CORAM THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.19874 of 2022 and Crl. M.P. No.13062 of 2022 1. Raj kannan S/o. Sampath 2. Sampath 3. Chandra W/o. Sampath ... Petitioner/Accused Vs. 1. The State represented by- The Station House Officer, All Women Police Station, Tiruvannamalai - 606 601. (Crime No.35 of 2021). ... Respondent / Complainant 2. Shindhujaa D/o. Balasubramaniem. .. Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure praying to call for records pertaining to FIR No.35 of 2021 dated 16.10.2021 on the file of the All Women Police Station, Tiruvannamalai and to quash the same. For Petitioner : Mr. T. Gowthaman, Senior Counsel for Mr. R. Meenakshisundaram. For Respondent : Mr. S. Santhosh [for R1] Government Advocate (Crl.Side) 1/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 Mr. K. Thangarasu [for R2] O R D E R This Criminal Original Petition has been filed seeking to quash the FIR in Cr. No.35 of 2021 on the file of the respondent police registered for the offences under Sections 498(A), 406, 509, 506(2) of IPC and Section 4 of Dowry Prohibition Act. 2. When the matter was heard earlier, this Court, on 09.12.2024, directed the parties namely the petitioner and the defacto complainant to appear before the Mediation Centre. The parties accordingly appeared before the Mediator and it is reported by the learned Senior Counsel appearing for the petitioner and the learned counsel appearing for the defacto complainant / 2nd respondent herein that the parties have arrived at settlement and the terms of settlement were reduced into writing. The copy of the settlement agreement dated 30.01.2025, entered into the parties, has been produced. The scanned portion of the settlement agreement is as follows:- 2/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 3/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 4/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 5/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 6/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 7/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 3. The learned Senior Counsel appearing for the petitioner would submit that the petitioner has paid a sum of Rs.25 lakhs today by way of Demand Draft bearing No.339611 dated 19.02.2025; and that the defacto complainant had returned the Thali chain to the petitioner as per Clause 6(C) of the agreement. The 2nd respondent / defacto complainant has also agreed to withdraw the complaint registered as FIR No.35 of 2021, which is impugned in this quash petition. 4. It is also agreed by the 2nd respondent that she would withdraw the cases in M.C. No.11 of 2022 on the file of the Additional Mahila Court, Tiruvannamalai, C.C. No.80 of 2022, C.C. No.81 of 2022, C.C. No.97 of 2022, and C.C. No.98 of 2022 on the file of Fast Track Court, Tiruvannamalai, besides the case in F.C.O.P. No.131 of 2022 filed for divorce on the file of Family Court, Tiruvannamalai. Further, it is also agreed by the petitioner that he would withdraw the case in C.C. No.294 of 2022 filed against the 2nd respondent / defacto complainant. 5. Learned Senior Counsel appearing for the petitioner and the learned counsel appearing for the 2nd respondent and the parties have also confirmed the fact that they would file a petition before the Family Court for divorce by mutual 8/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 consent. As and when the petition is filed, the Family Court may consider the same on merits and taking note of the settlement between the parties, may waive the statutory period of 6 months and pass suitable orders. 6. Post the matter 'for reporting compliance' after four weeks i.e., on 04.04.2025. 07.03.2025 mjs NOTE: ISSUE ON 10.03.2025. To 1. The Station House Officer, All Women Police Station, Tiruvannamalai - 606 601. 2. The Public Prosecutor, High Court of Madras. 9/10 https://www.mhc.tn.gov.in/judis Crl. O.P. No.19874 of 2022 SUNDER MOHAN., J. mjs Crl. O.P. No.19874 of 2022 07.03.2025 10/10 https://www.mhc.tn.gov.in/judis