Dr.Sai Surender v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.15013 of 2015

1. Dr. Sai Surender

2. R.Saimohan,

3. Mrs.Padmalakshmi Saimohan

4. Sai Pravinder .. Petitioners/Accused.

5.

Vs

1. State, represented by the Inspector of Police, Viruthampattu Police Station, Katpadi Women Wing, Vellore District.

(Crime No.953 of 2013)

2. G. Rajamani .. Respondents/Complainant & Defacto Complainant.

Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the proceedings in C.C.No.252 of 2014 on the file of the Judicial Magistrate III, Vellore and quash the same.

For Petitioners :Mr.S.John J.Raja Singh For Respondents :Mr.C. Emalias Addl. Public Prosecutor (R1) Mr.Vasudevan for R2

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.252 of 2014 on the file of the Judicial Magistrate III, Vellore and quash the same.

2. On a complaint lodged by G.Rajamani (second respondent herein), the first respondent police has registered a case in Crime No.953 of 2013 for an offence under Section 498 (A) I.P.C and Section 4 of Dowry Prohibition Act against the petitioners herein.

3. After completing the investigation, the first respondent police has filed a final report before the learned Judicial Magistrate No.III, Vellore, which has been taken on file in C.C.No.252 of 2014. Now, it appears that all the parties have arrived at an amicable settlement and therefore, they have approached this Court for quashing the prosecution.

4. Today, Mr.G.Rajamani (the defacto-complainant) is present and he has filed an affidavit, wherein it is stated as follows; " 3.I submit that compromise arose between both parties and Mutual divorce petition filed by my daughter Dr.Sara Poornima 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.

4. I submit that my daughter Sara Poornima received Rs.34,00,000/- from her husband, as per compromise and so I have no objection to quash the proceedings against the petitioner in Crime No.953 of 2013 on the file of the 1st Respondent, and allow the Crl.O.P.No.15013 of 2015.

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.15013 of 2015 and thus render justice."

In view of the above, the entire prosecution against all the accused in C.C.No.252 of 2014 on the file of the Judicial Magistrate No.III, Vellore, is hereby quashed. Consequently, connected miscellaneous petition is closed.

sms s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To

1. The Judicial Magistrate III, Vellore.

2. -do- thro'The Chief lJudicial Magistrate, Vellore.

3. The Inspector of Police, Viruthampattu Police Station, Katpadi Women Wing, Vellore District.

4. The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.S.John J.Raja singh, Advocate 30787 + 1 cc to Mr.B.Vasudevan, Advocate SR 31265 msm(co) prk7/7 Crl.OP No.15013 of 2015