S.Satish, S/O.Late.M.Shankara v. The State Rep.By Inspector Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2017
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.Nos.21847/2014 & 31547/2013 and MP.Nos.1/2014 & 1 & 2/2013 1.S. Satish
2. Geetha Shankaravelu
3. Swetha
4. S. Nagendra ..Petitioners Vs 1.The State Rep. by Inspector of Police, All Women Police Station, Suramangalam, Salem District, Tamil Nadu, Crime No.18 of 2013
...Respondent in Crl.O.P.Nos.21847/2014
2.Dr.Maleni ..Respondent in both Crl.OPs.
Prayer Crl.O.P.No.21847/2014: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to C.C.No.37 of 2013 on the file of the learned Additional Mahila Court, Salem and quash the same.
Prayer in Crl.O.P.No.31547/2013: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to DVOP.No.158 of 2013 on the file of the learned Judicial Magistrate, Additional Mahila Court, Salem and quash the same.
For Petitioners in both Crl.OPs : Mr.M.Guruprasad For Respondents in both Crl.OPs : Mr.N.Anand Venkatesh
O R D E R
The prayer sought for in these petitions are to call for the records in C.C.No.37 of 2013 and DVOP.No.158 of 2013 on the file of the learned Additional Mahila Court, Salem and quash the same.
2. Pending Criminal Original Petitions, the defacto complainant and her husband, who is the first petitioner herein, have amicably resolved the dispute between themselves and accordingly, they have entered into a compromise and filed a joint affidavit dated 16.02.2017. As per the joint affidavit, both the parties have agreed (i) for a decree of dissolution of marriage by mutual consent before Family Court, Salem and complete all the formalities in recording necessary statements. (ii)The respondent/wife has no claim over alimony/maintenance/movable/immovable properties from her husband/first petitioner.
(iii) They agrees that there is no due between them in terms of valuables of any sort and also any petition pending before any other forum shall be treated as withdrawn. (iv) They have agreed to quash the proceedings pending against each other.
3. In order to identify themselves, the petitioners 1 to 4 have submitted the photo copies of their respective Identities, viz., 1. S.Satish - 949422777360; 2.Geetha Shankaravelu - D216870; 3. Swetha - 453969422938 and 4. S.Nagendra - BPLPS1175P and after verification of the original cards, the same are recorded.
4. The defacto complainant as well as the petitioner/husband are personally present before this Court and also have been identified. This joint affidavit dated 16.02.2017 is filed to the effect that the defacto complainant has no objection, if the present Criminal Original Petitions are allowed.
5. Accordingly, the proceedings in C.C.No.37 of 2013 and DVOP.No.158 of 2013 on the file of learned Judicial Magistrate, Additional Mahila Court, Salem is quashed.
In the result, these Criminal Original Petitions are allowed. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar
To
1. The State Rep. by Inspector of Police, All Women Police Station, Suramangalam, Salem District, Tamil Nadu.
2. The Judicial Magistrate, Additional Mahila Court, Salem.
+1cc to Mr.N.Anand Venkatesh, Advocate Sr. 75231 +3cc to M/S.M.Guruprasad, Advocate Sr. 75494 Crl.O.P.Nos.21847/2014 & 31547/2013 and MP.Nos.1/2014 & 1 & 2/2013 AR(IV) VR(30/10/2017)