K. Sathyaseelan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15924 of 2023 and Crl.M.P.Nos.9959 & 9961 of 2023

1. K.Sathyaseelan

2. T.Kumar

3. Chandira .. Petitioners Vs.

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

(Cr.No.19/2019)

2. R.Janani ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining in C.C.No.277 of 2021 on the file of the Judicial Magistrate, Additional Mahila Court, Alandur, Chennai and to quash the same.

For Petitioners : Mr.B.Singaravelu For Respondents : Mr.A.Damodaran, Additional Public Prosecutor ***** 1/5

O R D E R

The Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.277 of 2021, pending on the file of Judicial Magistrate, Additional Mahila Court, Alandur, Chennai. 2.

Heard Mr.B.Singaravelu, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor, for 1st respondent.

3.

Mrs.R.Malarvizhi, WPL, 2303, W5, Selaiyur All Women Police Station, Selaiyur - 73 was present at the time of hearing. 4.

It is seen from records that already the marriage between the 1st respondent and the 2nd respondent has been dissolved by mutual consent in H.M.O.P.No.241 of 2022 by order dated 10.11.2022, passed by the Sub-Court, Tambaram. That apart, the proceedings initiated under the Domestic Violence Act, was also withdrawn by the 2nd respondent. It is also brought to the notice of this Court that the 2nd respondent married again and she is living elsewhere. 2/5

5.

Taking into consideration the facts and circumstances of the case and also the subsequent development that has taken place in this case, no useful purpose will be served in keeping the proceedings pending against the petitioners. The continuation of the proceedings will only lead to abuse of process of Court which requires interference under Section 482 of Cr.PC.

6.

In the light of the above discussion, the proceedings in C.C.No.277 of 2021 on the file of the Judicial Magistrate, Additional Mahila Court, Alandur, Chennai, is hereby quashed. 7.

This Criminal Original Petition is allowed. Consequently, the connected miscellaneous petitions are closed. 18.07.2023 Index : Yes/No Speaking order:Yes/No rka 3/5

To

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

2. The Judicial Magistrate, Additional Mahila Court, Alandur, Chennai.

3. The Public Prosecutor, High Court, Madras N.ANAND VENKATESH, J 4/5

rka Crl.O.P.No.15924 of 2023 and Crl.M.P.Nos.9959 & 9961 of 2023 18.07.2023 5/5