T.R.Lokanath v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.10120 of 2015 and M.P.Nos.1 to 3 of 2015 1.T.R.Lokanath 2.T.R.Rajkalavathi .. Petitioners Vs

1. State Represented by Inspector of Police, W-14 All Women Police Station, Thiruvottriyur, Chennai Thiruvallur District.

2. Mrs.D.Roobini .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.32 of 2014 on the file of Judicial Magistrate, Thiruvottriyur and quash the same. For Petitioners : M/s.Dr.Padma For Respondents : Mr.C.Emalias, Additional Public Prosecutor (R1) Mr.Dalit Tiger C.Ponnusamy (R2)

ORDER

This petition is filed to quash the proceedings in C.C.No.32 of 2014 on the file of the learned Judicial Magistrate, Thiruvottriyur.

2. Heard the learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Additional Public Prosecutor appearing for the respondent police.

3. The 1st petitioner got married the defacto complainant on 25.06.2009 and thereafter, their matrimonial life ran into tough war. The defacto complainant lodged a complaint against the petitioners. Based on which, a case in Crime No.4 of 2013 for offences under

Sections 498A and 406 IPC was registered by the respondent police and after completing the investigation, the respondent police filed a final report and the same has been taken on file as C.C.No.32 of 2014 by the learned Judicial Magistrate, Thiruvottriyur.

4. During the course of the proceedings, it appears that both the parties have arrived at an amicable settlement and a compromise memo dated 09.04.2015 has been entered into and the same has also been filed before this Court. The said compromise memo it is stated as follows:

"That the 2nd complaint was lodged by the defacto complainant before the Commissioner of Police on 05.12.2012 and FIR was registered by the All Women Police Station, Thiruvottriyur and subsequently final report submitted and numbered as C.C.No.32 of 2014 on the file of Judicial Magistrate Thiruvottiyur and the case is pending.

The defacto complainant and the 1st petitioner submits that she do not want to proceed with the complaint instituted against the 1st and 2nd petitioners and wants to effect the compromise on the case instituted by her in the legal process."

5. Today both parties are present before this Court and this Court enquired with the defacto complainant and on her own volition she has submitted that she has no objection to quash the proceedings in C.C.No.32 of 2014 on the file of Judicial Magistrate, Thiruvottriyur.

6. Recording the same, this Criminal Original Petition is allowed and the proceedings in C.C.No.32 of 2014 on the file of Judicial Magistrate, Thiruvottriyur is hereby quashed. Consequently, connected miscellaneous petitions are closed. vsm s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate, Thiruvottriyur.

2. The Inspector of Police, W-14 All Women Police Station, Thiruvottriyur, Chennai Thiruvallur District.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to M/s.Dalit Tiger C.Ponnusamy, Advocate SR 23938 mp(co) prk5/5 Crl.OP No.10120 of 2015