KUMAR ALIAS SAMPATHKUMAR Vs. STATE

JUDGEMENT

(1.) THE petitioners are accused for an offence punishable under Section 498A IPC originally on the file of the first respondent police and subsequently on the file of the Inspector of Police, All Women Police Station, Chennai. On conclusion of the investigation, final report has been filed and it is pending in C.C.No.135 of 2002 on the file of the learned Judicial Magistrate II, Chengalpattu.

(2.) THE petitioners have filed a petition to quash the proceedings in Crl.O.P.No.45245 of 2003 and the same was taken on file and notice has been issued to the respondent. In such circumstances, the present petition has been filed under Section 320 Cr.P.C by both the parties. It has been stated that the dispute between the defacto complainant and the accused has been settled. THE complainant has received a sum of Rs.3,50,000/- as future maintenance and also has submitted that the sreedhana articles including the jewels have been received. THE parties have agreed to dissolve the marriage by mutual consent and such petition has also been filed under Section 13(b) of Hindu Marriage Act. Initially a divorce petition was filed by the first petitioner and it was allowed. Aggrieved against a CMA has been filed and it is pending before this Honourable Court. Pending CMA, a new petition has been filed to dissolve the marriage by consent. In such circumstances, the first and second petitioners were present in Court. THE defacto complainant is also present. I have enquired with the defacto complainant, who confirms the receipt of future maintenance and sreedhana properties and further submitted that she is willing to compromise the dispute.