Sunday, March 1, 2015

Chennai apartment & moolah for 498a & 125 quash !


 

Husband gives away apartment at Anna Nagar (posh area) Chennai + approx. five lakhs to quash 498a, 494 IPC and 125 CrPC case. Hon HC is pleased to quash the case.

 

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This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

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CASE FROM JUDIS / INDIAN KANOON WEB SITE

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

 

DATED 22.12.2014

 

CORAM  :  THE HONOURABLE MR.JUSTICE S.NAGAMUTHU

 

Crl.OP Nos.32763 of 2014

 

R.Madana Gopal                    ..         Petitioner

 

vs.

 

1.Mrs.Usha Sathyam @ Usha

2.M.Pooja Shruthi (minor)

(under the custody of the first respondent).. Respondents

 

Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C.,  to call for the records and record the memorandum of compromise and quash the criminal proceedings in C.C.No.234/07 pending before the learned I Additional Family Court, Chennai.     

 

For Petitioner             :Ms.R.Mahalakshmi

For Respondents         :Ms.M.Mullaikodi

http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com

 

ORDER           

 

The first respondent herein claims to be the wife of the petitioner. The second respondent is the daughter of the petitioner and the first respondent. The respondents have filed M.C.No.234 of 2007 on the file of the learned I Additional Family Court Judge, Chennai, claiming maintenance under Section 125 Cr.P.C. Seeking to quash the same, the petitioner is before this Court with this petition.

 

2.I have heard the learned counsel for the petitioner and the learned counsel for the respondents and I have also perused the records carefully. The petitioner and the first respondent are also present before this Court. I have heard them also.

 

3.This petition has been filed on the ground that the dispute between the parties have been settled amicably by them and therefore, the said case can be quashed recording the compromise. As a matter of fact, the first respondent has filed an affidavit before this Court, wherein, in paragraph Nos.2 to 6 it has been stated as follows:-

 

2.I submit that considering the betterment of our future it has been mutually agreed that the amount of Rs.3,00,000/- which has been paid by the first petitioner by way of pay order No.014891 dated 07.06.2013 drawn on Karnataka Bank Limited, Mint Street Branch, Chennai in favour of Velammal Matriculation Higher Secondary School, towards the educational fee deposited for the minor M.Poona Shruthy shall be retained by me.

 

3.I submit that it is mutually agreed that the first petitioner has paid Rs.2,00,000/- (Two lakhs only) by way of cash to me and I undertake that this sttlement amount has been received as full and final settlement and I have no present or future claims against the first petitioner.

 

4.I submit that it is mutually agreed that after recording the memorandum of compromise before the Hon'ble High Court, Chennai, the first petitioner will settle the immovable property situated at Door NO.441/10, in M Block, Royal Enclave, Anna Nagar, Chennai 102 in favour of minor M.Pooja Shruthy, aged 16 years who is under the natural guardianship of me on the same day by way of settlement deed.

 

5. I submit that based on the compromise, I agree and undertake to withdraw the maintenance petition in M.C.No.234 of 2007 on the file of the Hon'ble Ist Additional Family Court, Chennai and the Criminal case in C.C.No.5760 of 2007 for the alleged ofences under Sec. 494 and 498A I.P.C., Sec. 4 of the Dowry Prohibition Act, taken cognizance by the Hon'ble Chief Metropolitan Magistrate, Egmore.

 

6.I submit that I undertake that me or my children will not claim any right or share over the properties or estate of the party of the petitioner either now or in future.

 

4.The said affidavit shall form part of the record. The parties who are present before this Court would reiterate the compromise and they would request the Court to quash the said proceedings.

 

5.Having regard to the fact that the dispute is matrimonial in nature and the parties have reached the compromise, I am inclined to quash the said proceedings in terms of the compromise reached between the parties. http://evinayak.tumblr.com http://vinayak.wordpress.com http://fromvinayak.blogspot.com

 

6.In the result, the Criminal Original Petition is allowed and the case in M.C.No.234 of 2007 pending on the file of the learned I Additional Family Court, Chennai is quashed.

 

22.12.2014

 

jbm

 

To

 

1.The I Additional Family Court, Chennai.

 

2.The Public Prosecutor, High Court, Madras.

 

 

S.NAGAMUTHU,J

 

jbm

 

Crl.OP Nos.32763 of 2014

 

22.12.2014

 

 

Tags :

#125_CrPc

#125CrPC_quash

#498a_quash

#494_quash

#Apartment_and_moolah_quash

 

 

 

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