Madras High CourtCRL OP/938/2015dismissed as infructuous

Muthusamy, 60 Yrs v. The Inspector Of Police

2019-02-26Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.938 of 2015

1. Muthusamy

2. Pappathi ... Petitioners Vs.

The Inspector of Police, W-18, All Women Police Station, MKB Nagar, Chennai - 600 039.

... Respondent Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records relating to the case in C.C.No.10036 of 2014 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai and quash the same. For Petitioners : Mr.V.Nicholas For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to quash the proceedings in C.C.No.10036 of 2014 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai, thereby taken cognizance for the offences under Section 498(A), 605(i) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act.

2. The learned Additional Public Prosecutor submitted that the petitioners are in-laws of the defacto complainant/wife and the first accused/ husband of the defacto complainant filed a quash petition before this Court in Crl.O.P.No.13138 of 2017 and the same was allowed by an order dated 11.07.2017, on the ground that the defacto complainant/wife has filed a consent affidavit dated 10.07.2017, stating that she has no objection to allow that Criminal Original Petition in Crl.O.P.No.13138 of 2017, which was filed to quash the proceedings in C.C.No.10036 of 2014 pending on the file of X Metropolitan Magistrate Court, Egmore@ Allikulam, Chennai. Accordingly, the trial Court closed the proceedings in C.C.No.10036 of 2014. Therefore, nothing survive in this petition.

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3. Recording the submission made by the learned Additional Public Prosecutor, the prayer sought for in this petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar rts To

1. The V Metropolitan Magistrate Court, Egmore, Chennai.

2. The Inspector of Police, W-18, All Women Police Station, MKB Nagar, Chennai - 600 039.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.Nicholas, Advocate SR.No.18334 Crl.O.P.No.938 of 2015 NM(CO) GMY(12/04/2019) https://hcservices.ecourts.gov.in/hcservices/