K.Krishna Priya v. Kaliammal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2022

CORAM

THE HON'BLE MR.JUSTICE G.CHANDRASEKHARAN Crl.O.P.Nos.15469 of 2015, 11289 & 11290 of 2016 & 2664 of 2019 and Crl.M.P.Nos.1719 of 2019, 5790 & 8529 of 2016 Crl.O.P.No.15469 of 2015 1.K. Krishna Priya 2.K. Kandasamy 3.K. Sasikala

...Petitioners/Accused 1,2&3

Vs.

Kaliammal

...Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the C.C.No.684 of 2015 on the file of XVII Metropolitan Magistrate at Saidapet, Chennai and quash the proceedings.

For Petitioners: Mr. Dr. V. Venkatesan For Respondent : Mr. R. Anbukarasu Crl.O.P.No.11289 of 2016 1.R. Vijay Kumar 2.R. Ramasamy 3.Jothimani 4.V. Saravanan 5.G. Kaliammal

...Petitioners/Accused 1 to 5

Vs.

The Inspector of Police, AWPS-Royapettah, Mylapore District, Chennai.

...Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to invoke inherent jurisdiction under Section 482 of Cr.P.C., and to call for records and quash all further proceedings in the above AWPS-Royapettah, Chennai, F.I.R.No.3 of 2016 dated 04.05.2016 as against all the

petitioners herein.

For Petitioners: Mr. T.C.S.Raja Chokalingam For Respondent : Mr. R. Murthi, Government Advocate (Crl.side) Crl.O.P.No.11290 of 2016 1.R. Vijay Kumar 2.R. Ramasamy 3.R. Jothimani 4.G. Kaliammal

...Petitioners/Accused 1 to 4

Vs.

K. Sasikala

...Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings in the above case in C.C.No.1110 of 2016 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai600 015. For Petitioners: Mr. T.C.S.Raja Chokalingam For Respondent : Mr. V. Venkatesan Crl.O.P.No.2664 of 2019 1.Krishna Priya 2.K. Kandasamy

...Petitioners/Accused 1&2

Vs.

1. The Sub Inspector of Police, B4 High Court Police Station, Chennai - 104.

2. R.Vijay Kumar

...Respondents/Defacto Complainant

Prayer:Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings in C.C.No.1803/16 pending before VII Metropolitan Magistrate, George Town, Chennai.

For Petitioners: Mr. Dr. V. Venkatesan For Respondents: Mr. R. Murthi, for R1 Government Advocate (Crl.side) Mr. T.C.S. Raja Chokalingam (R2)

C O M M O N O R D E R There are four connected matters viz., Crl.O.P.Nos.15469 of 2015, 11289 & 11290 of 2016 & 2664 of 2019 and all the four matters are taken up for hearing today. The petitioners and the respondents are also present through Video conferencing. 2.Crl.O.P.No.15469/2015 is filed to quash the criminal proceedings in C.C.No.684 of 2015 against the petitioners on the file of XVII Metropolitan Magistrate Court, Saidapet, Chennai. 2(i).This is a private complaint case filed against the petitioners for the offence of defamation under Section 500 r/w 120-B of IPC.

3.Crl.O.P.No.11289 of 2016 is filed to quash the FIR in Crime No.3 of 2016 pending on the file of All Women Police Station, Royapettah, Chennai.

3(i).This FIR was registered for the offence under Section 498-A r/w Section 4 of Tamilnadu Prohibition of Harassment of Woman Act, 2002 and 506(i) of IPC.

4.Crl.O.P.No.11290 of 2016 is filed to quash the proceedings in C.C.No.1110 of 2016 on the file of XVII Metropolitan Magistrate Court, Saidapet, Chennai. 4(i).This is a private complaint case filed for the offence under Section 500 r/w 120-B of IPC.

5.Crl.O.P.No.2664 of 2019 is filed to quash the criminal proceedings in C.C.No.1803 of 2016 on the file of VII Metropolitan Magistrate Court, Georgetown, Chennai. 5(i). This case was filed for the offences under Section 294(b) and 506(i) of IPC.

6.When these matters are taken up, the affidavits dated 31.01.2022 of G.Kaliammal in Crl.O.P.No.15469/2015, K.Krishnapriya in Crl.O.P.No.11289/2016, K.Sasikala in Crl.O.P.No.11290/2016 and R.Vijaya Kumar in Crl.O.P.No.2664/2019 are produced.

7.A perusal of these affidavits shows that on the complaint given by Kaliammal, the case in C.C.No.684 of 2015 was taken on file for the offence of defamation against Krishna Priya and three others. On the basis of the complaint given by Krishna Priya, the case in Crime No.3 of 2016 was registered against Vijayakumar and four others for the alleged offences of cruelty and criminal intimidation. On the basis of the complaint given by Sasikala, defamation case in C.C.No.1110 of 2016 was filed against Vijayakumar and three others and on the basis of

complaint given by Vijaya Kumar, the case in C.C.No.1803 of 2016 is pending against Krishna Priya and Kandasamy. 8.It appears that parties have resolved their disputes in all the four matters and reached a settlement. 9.In view of the compromise reached between the parties, the criminal proceedings in the above said C.C.Nos.684 of 2015, 1110 of 2016, 1803 of 2016 and F.I.R.No.3 of 2016 against the petitioners are quashed. Affidavits filed by the parties shall form part of this order. Consequently, connected miscellaneous petitions are closed.

* Xerox copy of Affidavits Enclosed herewith.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar AT To

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The VII Metropolitan Magistrate, George Town, Chennai.

3. The XVII Metropolitan Magistrate, Saidapet, Chennai-600 015.

4. The Inspector of Police, AWPS-Royapettah, Mylapore, Chennai.

5. The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Anbukarasu, Advocate, S.R.No.8954 +3cc to M/s.T.C.S.Raja Chockalingam, Advocate, S.R.No.8955, 8956, 8957 +4cc to Dr.V.Venkatesan, Advocate, S.R.No.8734,8735, 8736,8737 +4cc to Dr.V.Venkatesan, Advocate, S.R.No.8734,8735, 8736,8737 (09/03/2022) Crl.O.P.Nos.15469 of 2015, 11289 & 11290 of 2016 & 2664 of 2019 and Crl.M.P.Nos.1719 of 2019, 5790 & 8529 of 2016 SR-II(CO) RGA(03/03/2022)