MR RAGHAVENDRA MUKHERJEE Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE above Criminal Original Petitions have been filed to quash the proceedings in C.C.No.4591 of 2006 pending on the file of the IX Metropolitan Magistrate, Saidapet, Chennai. THE second petitioner in Crl.O.P.No.15673 of 2008 is the mother of the first petitioner therein. THE second respondent-Ms.Deepa Ebenezer was married to the first petitioner difference of opinion arose between them on the basis of the complaint lodged by the second respondent a case was registered and now the same is pending as C.C.No.4591 of 2006 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai. THE above said Criminal Original Petitions have been filed to quash the proceedings in C.C.No.4591 of 2006 on the ground that the second respondent and the accused have entered into a compromise and settled all their disputes and infact have filed a petition in O.P.No.2043 of 2008 before the learned second Additional Family Court, Chennai, seeking divorce by mutual consent.

(2.) THE respective parties namely the petitioners in both the Criminal Original Petitions and the second respondent have filed separate affidavits stating that they have settled all their disputes and the Original Petition for divorce by mutual consent has also been filed before the said Court and the second respondent has stated specifically that she has no objection for quashing of C.C.No.4591 of 2006 and give a quietus to all the disputes. In the affidavit she has also given an undertaking that she will not initiate any proceedings against the second respondent or her family members with respect to this dispute in the future.

(3.) A perusal of the said observations of the Apex Court makes it abundantly clear that if the parties to the matrimonial dispute amicably settle the dispute, then it becomes the duty of the Court to encourage genuine settlements of matrimonial disputes and the High Court in exercise of its inherent powers can quash the criminal proceedings or FIR or complaint.