Sai Mohan v. Dr.R.Sara Poornima

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP Nos.5743 of 2014 M.P.No.1 of 2014 1.Sai Mohan 2.Mrs. Padmalakshmi ..

Petitioners/Respondent 2 and 3 Vs Dr. R. Sara Poornima .. Respondent/Petitioner.

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in proceedings in M.C.No.1 of 2014 on the file of Judicial Magistrate III at Vellore against the petitioners herein and quash the same .

For Petitioners : Mr.R. Rajasekaran For Respondent : M/s. B. Vasudevan & Sumithra Vasudevan

ORDER

The Criminal Original Petition has been filed to call for the records in proceedings in M.C.No.1 of 2014 on the file of Judicial Magistrate III at Vellore against the petitioners herein and quash the same.

2. It is seen that Dr. R. Sara Poornima, the respondent herein, has filed M.C.No.1 of 2014 on the file of Judicial Magistrate III at Vellore against her parents-in-law (the petitioners herein) under the Domestic Violence Act.

3. It is represented by the parties that the parties have arrived at an amicable settlement and therefore, the proceedings in M.C.No.1 of 2014 may be quashed.

4. Today, Dr. R. Sara Poornima is present before this Court and filed an affidavit, wherein it is stated as follows; " 3. I submit that compromise arose between both parties and Mutual divorce petition filed by me and Dr.Saisurendar before Family Court, Vellore, Mutual divorce decree was passed by the Family Court Judge, Vellore in H.M.O.P.No.548 of 2014 on 19.05.2015.

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4. I submit that I received Rs.34,00,000/- (Rupees Thirty four lakhs) from her husband Dr.Sai Surendar for full settlement, as per compromise and so I have no objection to quash the proceedings against the petitioners in M.C.No.1 of 2014 on the file of the Judicial Magistrate No.III, Vellore, and allow the Crl.O.P.No.5743 of 2014.

It is therefore humbly prayed that this Hon'ble Court may be pleased to consider my affidavit, and pass appropriate order or orders as this Hon'ble Court deem fit and proper in the circumstances of the case in Crl.O.P.No.5743 of 2014 and thus render justice."

5. In view of the above, the proceedings in M.C.No.1 of 2014 on the file of the Judicial Magistrate No.III, Vellore is hereby quashed. Consequently, connected miscellaneous petition is closed. sms s/dAssistant Registrar(LA) True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate III, Vellore

2. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.John J.Raja Singh, Advocate SR 30784 msm(co) prk8/7 Crl.OP No.5743 of 2014 and M.P.No.1 of 2014 https://hcservices.ecourts.gov.in/hcservices/