Madras High CourtCRL OP/18215/2015dismissed as infructuous

Manoj Kumar @ Aswin Kumar v. The State Rep. By

2021-08-17Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN CRL.O.P.No.18215 of 2015

1. Manoj Kumar @ Aswin Kumar

2. Krishnamoorthy

3. Meerabai

4. Rameshkumar

5. Puvaneshwari

6. Tamilmani ... Petitioners/Accused 1 to 6

Versus

1. The State, Rep. by Inspector of Police, All Women Police Station, Mamallapuram.

2. Deepthi ... Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.29 of 2014 on the file of the Judicial Magistrate, Additional Mahila Court, Chengalpattu and quash the same. For Petitioners : Mr. MA.P. Thangavel For Respondent-1 : Mr. E. Raj Thilak, Government Advocate (Crl. Side) Respondent-2 : Not-Ready-Notice

ORDER

This petition has been filed to quash the proceedings in C.C.No.29 of 2014 on the file of the Judicial Magistrate, Additional Mahila Court, Chengalpattu.

2. The learned counsel appearing for the petitioners submitted that the entire issue had been dealt with by this Court in Tr.CMP.No.426 of 2015 and M.P.No.1 of 2015, dated https://hcservices.ecourts.gov.in/hcservices/

27.07.2015 has observed, that the proceedings in D.V.C.No.3 of 2015, initiated at the instance of the respondent/wife before the Additional Mahila Court (Magistrate Level) Chengalpattu, had already quashed. Similarly C.C.No.29 of 2014 initiated by the respondent, pending before the very same Court, also quashed and for which, the petitioner/wife has no objection. Hence a decree of divorce was granted in H.M.O.P.No.103 of 2014 and the proceedings in D.V.C.No.3 of 2015 were quashed. Therefore, the relief sought for by the petitioners has now become infructous.

3. In view of the above submission made by the learned counsel for the petitioner, nothing survives for further adjudication in this petition and hence, the Criminal Original Petition is dismissed as infructuous.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar msm To

1. The Judicial Magistrate, Additional Mahila Court, Chengalpattu.

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

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.18215 of 2015 VG-II (CO) K.RK. (22.09.2021) https://hcservices.ecourts.gov.in/hcservices/