Prem Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No.5862 of 2022 Prem Kumar ... Petitioner

Versus

1. The State rep. by The Inspector of Police, All Women Police Station, Madhavaram, Chennai.

(Crime No.5 of 2018)

2. T.Devi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to P.R.C.No.10 of 2021, pending on the file of Judicial Magistrate No.2, Ponneri, Tiruvallur District at Mettupalayam and quash the same.

For Petitioner :

Mr. M.Mohamed Muzammil For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 Mr. M.Udayavani for R2 Page No.1 of 5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in P.R.C. No.10 of 2021 on the file of Judicial Magistrate No.2 at Ponneri, Tiruvallur Dt.

2. Heard both sides.

3. The petitioner is arrayed as accused in the F.I.R. in Crime No.05 of 2018 registered for an offence under Sec.417, 420 I.P.C. of I.P.C. based on the complaint given by the 2nd respondent/defacto complainant. Subsequently, the charge sheet has been filed and the same was taken on file in P.R.C.No.10 of 2021 on the file of Judicial Magistrate No.2, Ponneri, Tiruvallur District for an offence under Sec. 417, 420 I.P.C. @ 376, 417, 420 I.P.C. @ 376, 417 of I.P.C. and the same is pending. Now, the petitioner had filed this petition praying to quash the proceedings in charge sheet.

4. Today, when the matter taken up for hearing, the petitioner appeared in person along with his counsel and the 2nd respondent appeared in person through video conference along with her counsel. According to 2nd Page No.2 of 5

respondent/defacto complainant, now she got married with another man and she is in her family way. So, she is not inclined to proceed with the case against this petitioner. Furthermore, the 2nd respondent/defacto complainant appeared in person and assured that he would not interfere with the family affairs of petitioner.

5. Considering the submissions of 2nd respondent/defacto complainant stating that she is not inclined to proceed further in the proceedings in P.R.C.No. 10 of 2021 on the file of Judicial Magistrate No.2, Ponneri, Tiruvallur District, this Criminal Original Petition is closed. Consequently, connected Criminal Miscellaneous Petition is closed. 15.03.2024 Index: Yes/No Internet: Yes/No rpp To

1. The Inspector of Police, All Women Police Station, Madhavaram, Chennai.

2. The Public Prosecutor, High Court, Madras.

Page No.3 of 5

T.V.THAMILSELVI, J.

rpp CRL.O.P.No.9922 of 2022 Page No.4 of 5

15.03.2024 Page No.5 of 5