L.Kiran v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.10824 of 2018 1.L.Kiran 2.L.Subramanyam 3.L.Padma 4.L.Charan .. Petitioners/Accused Nos. 1 to 4 Vs 1.State By The Inspector of Police W-9, All Women Police Station Villivakkam, Chennai 600 049. .. 1st respondent/complainant 2.S.Swetha .. 2nd Respondent/defacto complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.1327 of 2014 pending on the file of the learned X Metropolitan Magistrate, Egmore, Chennai and quash the same.

For Petitioners : Mr.L.Rajasekar For R1 : Ms.Kritika Kamal P.

Government Advocate (Crl.Side)

O R D E R

This petition has been filed to call for the records in C.C.No.1327 of 2014 pending on the file of the learned X Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

2. For the sake of convenience, the parties will be referred to by their name.

3. Kiran [A1] got married to Swetha [de facto complainant] on 07.03.2011 and immediately thereafter, they got estranged. On the complaint given by Swetha, the respondent police registered a case in Cr.No.2 of 2013 and after competing the investigation, have filed a charge sheet in C.C.No.1327 of 2014 before the X Metropolitan Magistrate, Egmore, Chennai for the offences under Sections 498-A, 323 and 506(ii) IPC against Kiran

[A1], Subramanyam [A2], Padma [A3] and Charan [A4], for quashing which, this petition has been filed on the ground that the parties have arrived at a compromise.

4. Today, Ms.M.C.Kavitha Devi, Sub-Inspector of Police, W-9 All Women Police Station, Villivakkam is present. Swetha, the defacto complainant is also present and she is identified by the police. Swetha has filed an affidavit, wherein, she has stated as follows:

"2. I state that myself and the second respondent filed the petition for dissolution of marriage in O.P.No.2684 of 2017 against my husband and all the disputes and differences were resolved and a Decreetal order was passed by the Hon'ble II Additional Family Judge, Chennai, vide order dated 21.03.2018. I state that I have no any claim whatsoever against the petitioners herein.

3. I state that I have no objection in quashing the criminal prosecution in C.C.No.1327 of 2014 against the petitioners herein and thus render justice."

In view of the above, this petition is allowed and the proceedings in C.C.No. 1327 of 2014 on the file of the X Metropolitan Magistrate Court, Egmore, Chennai, is hereby quashed as against all the accused.

Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar gms To 1.The X Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police W-9, All Women Police Station Villivakkam, Chennai 600 049.

3.The Public Prosecutor, High Court, Madras.

+2cc to Mr.L.Rajasekar, Advocate sr.no.26086 Crl.O.P.No.10824 of 2018 sj(co) nr 24/04/2018