R SELVAKUMAR Vs. STATE

JUDGEMENT

(1.) THIS petition seeks to quash the proceedings in C.C. No. 211 of 2002 on the file of the District Munsif-cum-Judicial Magistrate, Omalur. In such case, the petitioners are facing prosecution for offences under Section 498(A) and Section 4 of Dowry Prohibition Act.

(2.) LEARNED counsel for the petitioners informs that in the course of Family Court proceedings in F.C.O.P. No. 33 of 2001 on the file of the Family Court, Salem, the proceeding for divorce filed by the first petitioner herein, the parties viz the petitioner and the second respondent have entered into a compromise whereunder on payment of Rs.3,50,000/- towards welfare of the child, the second respondent had agreed to withdraw the criminal case, pendency of which is now challenged here. Reference was drawn to the memo filed by the second respondent in such case. In such memo, referring to the joint memo filed by the parties, the second respondent had stated that an amount of Rs.3,50,000/- deposited towards maintenance of the minor girl child may be deposited with the State Bank of India, Mettur Branch so as to enable the second respondent to collect the interest until the child attains majority and therein, the second respondent clearly undertakes to withdraw the criminal case pending against the petitioner and his family in C.C. No. 211 of 2002 before Judicial Magistrate, Omalur. In the course of her examination in C.C. No. 211 of 2002, the second respondent / defacto complainant had deposed that she had signed the joint memo, since the payment of Rs.3,50,000/- was promised, that she did not read the same and was not aware of the entire contents thereof. She admits to having signed the same in Court on 28.03.2006 in the presence of her counsel, who, she claims, did not read out the same to her. She also admits to a decree of divorce granted on the strength of the said memo. She also admits that on receipt of fixed deposit receipt for Rs.3,50,000/-, she accepted to withdraw the complainant's case.

(3.) I am of the considered opinion that the stand now taken by the second respondent is nothing but an afterthought. It is clear from the facts and circumstances of the case that true understanding had been reached between the parties and on such, understanding a sum of Rs.3,50,000/- has been paid by the petitioner, which has been held in deposit for the benefit of the minor child. Clearly, this is a case where the respondent seeks her pound of flesh. Interests of justice would require that such pernicious proceedings be brought to an end. For the above reasons, this petition is allowed and the proceedings in C.C. No. 211 of 2002 on the file of the District Munsif-cum-Judicial Magistrate, Omalur are quashed. Consequently, connected miscellaneous petition is closed.