Suresh v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2015

CORAM

THE HON'BLE MR. JUSTICE R.S.RAMANATHAN Crl.O.P.No.1308 of 2015 and M.P.No.1 of 2015 Suresh .. Petitioner/Accused vs.

1. State rep. by Sub Inspector of Police, Law and Order, S-7, Madipakkam Police Station, Chennai - 600 117.

2. S.Nirmala .. Respondents Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to C.C.No.747 of 2010 pending on the file of the Judicial Magistrate Court at Alandur and quash the same.

* * * For Petitioner : Mr.S.Sathyaraj For Respondents: Mr.M.Maharaja Additional Public Prosecutor for R1 Mr.G.K.Arunagiri for R2

O R D E R

The petition is filed by the petitioner praying to quash the proceeding pending in C.C.No.747 of 2010 on the file of the Judicial Magistrate Court, Alandur.

2. It is submitted by the learned counsel for the petitioner that in the case registered against the petitioner charge sheet was filed and taken on file in C.C.No.747 of 2010 for the offences under Sections 325 and 506(ii) IPC on the basis of the complaint given by the wife of the petitioner/the second respondent. Now the petitioner and his wife compounded the cases. The second respondent / wife of the petitioner also filed an affidavit dated 28.01.2015 to that effect. The second respondent is present before https://hcservices.ecourts.gov.in/hcservices/

this Court and she has also admitted the compounding of the offence and stated that she has settled the dispute and the case may be quashed.

3. Heard the learned Additional Public Prosecutor.

4. Considering the fact that the de-facto complaint is the wife of the petitioner and they have settled the disputes and compounded the offence and having regard to the nature of offences also, which are compoundable in nature, this Criminal Original Petition is allowed and the proceeding pending in C.C.No.747 of 2010 on the file of the Judicial Magistrate, Alandur, is quashed. Consequently, connected miscellaneous petition is closed. gg -s/d- Assistant Registrar( ) Dt:13/2/2015 True Copy Sub-Assistant Registrar To

1. The Sub Inspector of Police, Law and Order, S-7, Madipakkam Police Station, Chennai - 600 117.

2. The Judicial Magistrate, Alandur.

3. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.Sathyaraj, Advocate SR 5185 ctk(co) prk24/2 Crl.O.P.No.1308 of 2015 https://hcservices.ecourts.gov.in/hcservices/