Sivakarthikeyan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2022
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and Crl.M.P.Nos.617 & 1892 of 2019 Crl.O.P.No.936 of 2019 Sivakarthikeyan ... Petitioner Vs.
1.The State of Tamil Nadu, Rep. by Inspector of Police, 2.Vanmathi ... Respondents Prayer: Criminal Original Petition is filed under section 482 of Cr.P.C., to call for the records relating to C.C.No.188 of 2018 on the file of District Munsif-cum-Judicial Magistrate, Tittagudi and quash the same. For Petitioner : Mr. A. Ilaya Perumal For Respondents : Mr. N.S. Suganthan, for R1 Government Advocate (Crl.Side) Mr. C. Samivel, for R2 1/6
Crl.O.P.No.2790 of 2019 1.Arun Balaji 2.Jaya Gobi 3.Meenakumari ... Petitioners Vs.
1.The State of Tamil Nadu, Rep. by Inspector of Police, 2.Vanmathi ... Respondents Prayer: Criminal Original Petition is filed under section 482 of Cr.P.C., to call for the records relating to C.C.No.188 of 2018 on the file of District Munsif-cum-Judicial Magistrate, Tittagudi and quash the same. For Petitioner : Mr. A. Ilaya Perumal For Respondents : Mr. N.S. Suganthan, for R1 Government Advocate (Crl.Side) Mr. C. Samivel, for R2 C O M M O N O R D E R Crl.O.P.No.2790 of 2019 is filed by A1 to A3 and Crl.O.P.No.936 of 2019 is filed by A4 in C.C.No.188 of 2018 on the file of District Munsif cum Judicial Magistrate, Tittagudi.
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2.
Based on the complaint given by one Vanmathi wife of Arun Balaji, case was registered in Crime No.13/2018 for the alleged offences under Sections 498(A), 294(b), 506(i) IPC.
2(i). On completion of investigation, final report filed and taken on file in C.C.No.188/2018. The accused persons have filed petitions as stated above, seeking quash of all further proceeding in C.C.No.188/2018 on the ground that for the very same cause of action, earlier there was a complaint dated 03.04.2017 and it was closed and thereafter, the defacto complainant and first accused got divorced, which was ordered on 20.12.2019 in HMOP.No.57/2018. Thereafter, the present complaint filed with certain allegations, this Court being prima facie satisfied, granted stay of all further proceedings in C.C.No.188/2019.
3.
When the matter is pending, it is now reported that the defacto complainant and first accused have buried their misunderstanding and had re-married on 10.12.2020 and presently living happily as husband and wife and therefore, she is not inclined to proceed any further. A joint compromise memo filed by the defaco complainant and the accused persons 3/6
who are petitioners in Crl.O.P.No.936 & 2790 of 2019 signed on 08.04.2022 is also filed. The parties are present today physically. The defacto complainant states that after obtaining divorce, re-married Arun Balaji on 10.12.2020 at Abaratharatchagar Thirukoil, Aaduthurai, a female child born to her on 05.08.2021, she is happily living with her husband and in-laws and she is not interested in pursuing the complaint. 4.
In the light of the above fact, to meet the ends of justice exercising the power under 482 of Cr.P.C., this Court records the compromise and quash C.C.No.188 of 2018 on the file of District Munisfcum-Judicial Magistrate, Tittakudi. 5.
In the result, this criminal original petitions are closed. Consequently, connected miscellaneous petitions are also closed. 07.07.2022 AT Internet : Yes Index : Yes/No Speaking / Non-speaking 4/6
To 1.The District Munsif-cum-Judicial Magistrate, Tittagudi 2.The Inspector of Police, 3.The Public Prosecutor, High Court of Madras.
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Dr.G.JAYACHANDRAN,J.
AT Crl.O.P.Nos.936 & 2790 of 2019 and Crl.M.P.Nos.617 & 1892 of 2019 07.07.2022 6/6