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Madras High CourtCRL OP/9886/2022allowed

D.Loganathan v. Inspector Of Police

2022-06-13Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.9886 OF 2022 AND CRL.M.P.NO.5805 OF 2022

1. D.Loganathan

2. D.Selvam

...Petitioners/Accused 1 and 2

Vs

1. The State rep.by The Inspector of Police, All Women Police Station, Ammapet, Salem District.

Crime No.2 of 2021.

... 1st Respondent/Complainant

2. V.Sree Meena ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records relating to the First Information Report registered in Crime No.2 of 2021, on the file of the 1st respondent and quash the same. For Petitioners :

Mr.J.Agni Selvaraju For Respondent-1 :

Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report registered in Crime No.2 of 2021 on the file of the 1st respondent police.

2. Today (14.06.2022), the defacto complainant and the accused were present before this Court along with the two minor children of the defacto complainant. The defacto complainant and the accused were identified by the respective counsel and https://hcservices.ecourts.gov.in/hcservices/

Ms.A.Vasugi, Head Constable of the respondent police also identified them. Further, the 1st petitioner and the defacto complainant have filed an agreement of compromise and stated that they both have been residing together for the last eight months and the differences between them have been sorted out.

3. Since, the husband and wife being young couple sorted out their differences in the matrimonial matter and living together, this Court is of the view that there is no purpose would be served in prosecuting the husband mainly on the basis of the complaint lodged by the wife.

4. In such view of the matter, this Criminal Original Petition is allowed. The proceedings in Crime No.2 of 2021 on the file of the 1st respondent police is quashed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar nr/ksa-2 To

1. The Inspector of Police, All Women Police Station, Ammapet, Salem District.

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.J.Agni Selvaraju, Advocate, S.R.No.35030 Crl.O.P.No.9886 of 2022 and Crl.M.P.No.5805 of 2022 GPL(CO) RLP(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/