Madras High CourtCRL OP/1690/2016disposed of

Nandhakumar v. The State Of Tamil Nadu

2016-01-28Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2016

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.1690 of 2016 and Crl.M.P.Nos.809 & 810 of 2016 1.Nandhakumar 2.Venkatesan 3.Kuppammal 4.Thamaraiselvi ... Petitioners/Accused Vs.

1. The State of Tamil Nadu Rep. by the Inspector of Police, W23, All Women Police Station, Royapettah, Chennai-600 014.

(Crime No.02/2013).

2. V.Kuppu ... Respondents/Complainant & Defacto Complainant Prayer: Petition filed under Section 482 of Cr.P.C., praying to call for the records relating to C.C.No.6095 of 2013 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and to quash the same as against the petitioners. For Petitioners : Mr.S.Anil Sandeep For Respondents : Mr.C.Emalias, Additional Public Prosecutor (For R1)

ORDER

This petition has been filed by the petitioners praying to quash the criminal proceedings in C.C.No.6095 of 2013 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai.

2.The 2nd respondent herein/defacto-complainant lodged a complaint as against the petitioners herein alleging that in collusion with the petitioners 2 to 3, suppressing his earlier marriage, the 1st petitioner married the daughter of the 2nd

respondent/defactop-complainant viz., one Banumathi. On the basis of the said complainant, a case in Crime No.2 of 2013 was registered by the 1st respondent-Police for the alleged offences punishable under Sections 498(A), 420, 494 & 495 r/w 34 IPC, against the petitioners/accused. On completion of investigation, charge-sheet was filed and the same was taken on file in C.C.No.6095 of 2013 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai. Now, the petitioners/accused have come forward with the present petition seeking to quash the criminal proceedings. 3.Today, when the matter is taken up for consideration, the petitioners, the 2nd respondent/defacto-complainant and the victim Banumathi are present before this Court. It is represented by both sides that the matter has been amicably settled between the parties. The 2nd respondent/defactocomplainant as well as the victim Banumathi have filed affidavits stating that the matter has been amicably settled between the parties and they have no objection to quash the impugned criminal proceedings.

4.Heard both sides and perused the materials available on record.

5.Considering the facts and circumstances of the case and in view of the compromise arrived at between the parties, I am of the opinion that the criminal proceedings in C.C.No.6095 of 2013 pending on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai, is liable to be quashed and accordingly, the same is quashed in respect of all the petitioners herein.

In fine, the criminal original petition is allowed. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssv To

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, W23, All Women Police Station, Royapettah, Chennai-600 014.

3. The Public Prosecutor, Madras High Court, Madras.

+5cc's to Mr.S.Anil Sandeep, Advocate, S.R.No.6385 Crl.O.P.No.1690 of 2016 SR(CO) CA(23/02/2016)