K.Muralikanthan, M/41 v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CRL.O.P.No.8067 of 2017

1. K.Muralikanthan

2. Rajalatchumi Ammal

3. G.Kamaraj .. Petitioners Vs

1. State rep.by The Inspector of Police, All Women Police Station, Chidambaram.

2. M.Nisha

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in C.C.No.131 of 2016 pending on the file of the learned Judicial Magistrate-II, Chidambaram and quash the same.

For Petitioner : Mr.E.Kotteeswarn For Respondent No.1 : Mrs.P.Kritika Kamal Government Advocate (Crl.side) For Respondent No.2 : Mr.B.Ravi

O R D E R

The 1st petitioner herein had filed a divorce petition in H.M.O.P.No.108 of 2015 before the Sub-ordinate Court, Chidambaram, seeking for divorce. During the pendency of the divorce petition, the 1st petitioner and the respondent herein had entered into compromise which was reduced into writing in a compromise memo and affidavit dated 22.11.2017. In the said compromise memo, the 2nd respondent herein had undertaking C.C.No.131 of 2016 pending before the learned Judicial Magistrate - II, Chidambaram.

2. In accordance with the terms of the compromise memo, the learned Sub-ordinate Judge, Chidambaram had passed final orders https://hcservices.ecourts.gov.in/hcservices/

in H.M.O.P.No.108 of 2015 dated 15.12.2017, dissolving the marriage between 1st petitioner and the 2nd respondent herein.

3. In view of the specific agreement between parties that the proceedings in C.C.No.131 of 2016 would be withdrawn by the 2nd respondent herein, it would not be appropriate to keep the proceedings pending.

4. Hence the proceedings in C.C.No.131 of 2016 on the file of the learned Judicial Magistrate - II, Chidambaram stands quashed. The Criminal original petition stands allowed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AT To

1. The Judicial Magistrate-II, Chidambaram.

2. The Inspector of Police, All Women Police Station, Chidambaram.

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

+1 cc to Mr.B.Ravi Advocate sr 18629 +1 cc to Mr.E.Kotteswaran Advocate sr 18681 CRL.O.P.No.8067 of 2017 ssi(co) aa26/03/2018 https://hcservices.ecourts.gov.in/hcservices/