J. Samuel, D. James Jeyapaul, J. Mary Kethsiba and J. Sarah Joy vs Assistant Commissioner of Police, Guindy Range and Inspector of Police

C.T. Selvam, J.—The petitioners herein seek to quash the proceedings against them in C.C. No. 6420 of 2006 on the file of the IV

Metropolitan Magistrate, Saidapet, Chennai. In such case, the petitioners are facing prosecution for offences under Sections 498A and 406 r/w.

109 IPC and Sections 4 & 6 of the Dowry Prohibition Act. The first petitioner is the husband of the defacto complainant while the second and

third petitioners are the parents of the first petitioner and the fourth petitioner is the sister of the first petitioner.

The matter earlier was posted on several occasions for reporting settlement. Learned Counsel for the petitioners submitted that a Joint Petition

u/s 10A of the Indian Divorce Act, for dissolution of marriage between the first petitioner and the defacto complainant, has been filed before the

Family Court, Chennai, in O.P. No. 3173 of 2007. Accordingly, the Family Court dissolved the marriage between the first petitioner and the

defacto complainant.

Perusal of the certified copy of the joint petition filed before the Family Court shows that both parties mutually agreed that they would withdraw

the cases filed against each other especially that the defacto complainant would withdraw all allegations against the first petitioner and his family

members in C.C. No. 6420 of 2005 and 3453 of 2005.

Learned Counsel for the petitioners informs that despite the best efforts, the first petitioner is unable to contact the defacto complainant so as to

have her presence before this Court either in person or through the counsel to acknowledge the settlement arrived at between them. Learned

Counsel for the petitioners also informs that the other case in C.C. No. 3453 of 2005 was prosecuted for offence u/s 138 of Negotiable

Instruments Act and that case also stands withdrawn.

I have heard the learned Government Advocate (Crl. Side).

In view of the categorical mutual agreement recorded in the joint petition and the fact that pursuant to that the Family Court has passed an order

of dissolution of marriage, this Court is inclined to accept the position stated therein and act thereupon. Accordingly, the proceedings in C.C. No.

6420 of 2006 on the file of the IV Metropolitan Magistrate, Saidapet, Chennai is quashed. This Criminal Original Petition is allowed.

Consequently, connected Miscellaneous Petitions are closed.