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Judgments of Supreme Court of India and High Courts

Helen Shanthini vs State Represented By on 19 March, 2019

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2019

CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.15169 of 2013 and
M.P.Nos.1 2 of 2013

1.Helen Shanthini
2.Jeyashekar
3.Alerene Diwakaran
4.Jeborah … Petitioners

Vs.

1.State represented by
The Inspector of Police,
W-25, All Women Police Station,
T.Nagar, Chennai
2.Judith Keziaha … Respondents

Prayer : Criminal Original petition filed under Section 482 of Cr.P.C. praying
to call for the records in C.C.No.991 of 2013 on the file of the learned XVII
Metropolitan Magistrate, Saidapet, Chennai and quash the same.

For Petitioners : Mr.A.V.Somasundaram,
for M/s.Lakshmi Priya Associates
For Respondents : Mr.M.Mohamed Riyaz
Addl. Public Prosecutor for R1
: Mr.R.Krishnakumar for R2

ORDER

This Criminal Original Petition has been filed to quash the

proceedings in C.C.No.991 of 2013 on the file of the learned XVII Metropolitan
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Magistrate, Saidapet, Chennai, having been taken cognizance for the offences

punishable under Sections 498(a), 406 506(i) I.P.C.

2. The learned counsel appearing for the petitioners would submit that

the parties have entered into a joint memorandum of understanding dated

16.03.2019, which has been enclosed in the petition. As such he prayed for

quashment of proceedings in C.C.No.991 of 2013 on the file of the learned

XVII Metropolitan Magistrate, Saidapet, Chennai.

3. It is seen that joint memorandum of understanding dated 16.03.2019

has been entered between the parties, which is extracted hereunder:

“1.The parties herein are not having any cohabitation for the
past seven years since they were separated, now the 1st party has
filed the Divorce petition bearing IDOP.No.155 of 2018 before the
Hon’ble Principal District and Sessions Court at Thiruvallur for the
want of divorce on the ground of desertion despite the fact that the
2nd party had obtained a Divorce via Ex-parte Decree in U.S.A.

2. The 1st party herein has agreed to withdraw the case bearing
C.C.No.991 of 2013 filed under Section 498A, 406 and 506(ii) of
I.P.C., 1860 against the 2nd party and his family members, which is
pending on the file of the learned XVII Metropolitan Magistrate,
Chennai. in connection to the above, the 1st Party also has agreed to
say “No Objection” as to the “Quash Petitions” bearing
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Crl.O.P.No.15169 of 2013 and Crl.O.P.No.23419 of 2014 pending
before the Hon’ble High Court of Judicature at Madras.

3. In view of this Joint MOU, the 2nd Party herein has agreed to
act in accordance with the 1st party in respect of the Divorce
proceedings bearing IDOP No.155 of 2018 initiated by the 1st party for
the want of Decree of Divorce pending on the file of Hon’ble Principal
District and Sessions Judge, Thiruvallur. The 2nd Party herein also
agreed not to object in anyways to obtain the Order or Decree in
IDOP.No.155 of 2018 pending before the Hon’ble Principal and
Sessions Judge, Thiruvallur.

4. The 1st party herein has agreed not to claim any
maintainence from the 2nd Party in any manner for herself,
whatsoever, for the past, present or future.

5. In view of this Joint Memorandum of understanding, the
parties hereto have agreed not to make any claims, demands,
allegations or complaints whatsoever, against each other and shall not
file any fresh petitions or complaints against each other in the future.
Whereby both the parties also agree that all the disputes between
them are settled once for all by way of this compromise.

6. It is also agreed that neither the 1st Party nor the 2nd Party
shall have any other legal claim nor suit against each other for past,
present or future. Either of the parties hereto shall have no rights,
interests or claims over the properties of the other or legal claim or
suit against each other and owned or earned by either of them, the
parties had not claimed anything in the past, present and in future, at
any point of time hereafter.

7. In view of this Joint Memorandum of Understanding, the
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Both parties herein acknowledges the receipt of the Articles
exchanged between them and shall not claim anything from each
other in the future.

8. The Parties herein agrees to live separately as per their own
whims and fancies and shall not interfere in each other’s life or
endeavors in the future in any manner and shall choose their future
as per their desire.”

4. In view of the joint memorandum of understanding dated 16.03.2019

entered between the parties, this Court is of the view that no purpose would

be served if this Criminal Original Petition is kept pending. Accordingly, this

Criminal Original Petition is allowed and the proceedings in C.C.No.991 of

2013 on the file of the learned XVII Metropolitan Magistrate, Saidapet,

Chennai is quashed. Consequently, connected miscellaneous petitions are

closed.

19.03.2019
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
lok

http://www.judis.nic.in
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To

1. The Inspector of Police,
W-25, All Women Police Station,
T.Nagar, Chennai

2. The learned XVII Metropolitan Magistrate,
Saidapet, Chennai

3. The Additional Public Prosecutor,
High Court, Madras.

http://www.judis.nic.in
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G.K.ILANTHIRAIYAN, J.

lok

Crl.O.P.No.15169 of 2013 and
M.P.Nos.1 2 of 2013

19.03.2019

http://www.judis.nic.in

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