Madras High CourtCRL OP/10914/2015allowed

Mr.Arun Ganesh v. State Rep By

2015-04-29Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.10914 of 2015 Arun Ganesh .. Petitioner Vs

1. State Represented by Inspector of Police, All Women Police Station, Vadapalani, Chennai.

2. K.S.Hemalatha .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.676 of 2012 on the file of IX Metropolitan Magistrate Court, Saidapet and quash the same. For Petitioner : Mr.S.Bharathi For Respondents : Mr.C.Emalias, Additional Public Prosecutor (R1) Mr.J.Saravanavel (R2)

ORDER

This petition is filed to quash the proceedings in C.C.No.676 of 2012 on the file of IX Metropolitan Magistrate Court, Saidapet.

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 petitioner got married the defacto complainant on 21.08.2002 and thereafter, their matrimonial life ran into tough war. The defacto complainant lodged a complaint against the petitioner. Based on which, a case in Crime No.5 of 2009 for offences under Sections 498-A 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.676 of 2012 by the learned Judicial Magistrate, Thiruvottriyur. https://hcservices.ecourts.gov.in/hcservices/

4. During the course of the proceedings, it appears that both the parties have arrived at an amicable settlement and a joint compromise affidavit dated 12.04.2015 has been entered into and the same has also been filed before this Court, wherein she has stated that she has no objection to quash the proceedings.

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.676 of 2012 on the file of IX Metropolitan Magistrate Court, Saidapet.

6. Recording the same, this Criminal Original Petition is allowed and the proceedings in C.C.No.676 of 2012 on the file of IX Metropolitan Magistrate Court, Saidapet is hereby quashed. vsm -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The IX Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, All Women Police Station, Vadapalani, Chennai.

3. The Public Prosecutor, High Court, Madras.

mp(co) prk5/5 Crl.OP No.10914 of 2015 https://hcservices.ecourts.gov.in/hcservices/