A MOHANDOSS Vs. STATE REP

JUDGEMENT

(1.) The above criminal original petition has been filed under Section 482 of the Code of Criminal Procedure praying to call for the records in C.C.No.16 of 2002 on the file of the Court of VII Judicial Magistrate at Madurai and quash the same.

(2.) On a perusal of the materials placed on record and upon hearing the learned counsel for both, it comes to be known that the first petitioner is an Advocate and other petitioners are his father, mother, brother and sister against whom, the wife of the first petitioner has lodged a complaint with the first respondent in Cr.No.35 of 2000 for the offences punishable under Sections 498-A and 406 IPC and Section 4 of the Dowry Prohibition Act and the said complaint having been transferred to the second respondent, the second respondent Police in turn having registered the same in their Cr.No.27 of 2000, have investigated the same and filed the charge-sheet before the jurisdictional Court.

(3.) It is this charge-sheet which is sought to be quashed by all the petitioners on grounds such as that when the case was registered by the respondents, they have filed Crl.O.P.No.24934 of 2000 and when the same was taken up for hearing, a compromise between the parties was reported even by the prosecution and the same was withdrawn in the light of the fact that charge-sheet was filed before the Court; that he filed F.C.O.P.927 of 2000 on the file of the I Additional Family Court, Chennai to declare the marriage between himself and his wife as null and void and when the same was taken up for hearing on 9.7.2003, since his wife evinced interest in living with him, he did not press the same and the same was dismissed as not pressed; that the charge framed in suppression of the fact that a compromise had entered into between the petitioner and his wife in the presence of the respondents in writing duly witnessed and pursuant to the same, the complainant had herself sought for referring of the complaint since the entire charge vitiated and hence renders it liable to be quashed; that in the light of the latest development that the petitioner and the complainant have decided to reunite and lead a happy and harmoneous life hereafter, the charge-sheet has further become infructuous and liable to be quashed. The learned counsel for the petitioner would rely on a judgment of the Honourable Apex Court in B.S.JOSHI AND OTHERS vs. STATE OF HARYANA AND ANOTHER reported in 2003(3)CTC 54 wherein it has been held: