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Madras High CourtCRL OP/22462/2018allowed

Mohan Raja, Aged 29 Years, v. State Rep By

2018-09-20Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:20.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.22462 of 2018 and CRL.M.P.No.12421 & 12422 of 2018 1.Mohan Raja 2.Purushothaman 3.Suguna

...Petitioners/Accused 1 to 3

Vs.

1.State rep. by, The Inspector of Police, All Women Police Station, W-22, Mylapore, Chennai, (Crime No.27 of 2016).

...Respondent/Complainant

2.A.Suganya

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to C.C.No.2429 of 2018 from the file of the XVIII Metropolitan Magistrate Court, Saidapet and quash the same. For Petitioner : Mr.K.Balaji For 1st Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor For 2nd Respondent : Mr.N.Kamaraj * * * * *

O R D E R

This petition has been filed by the accused 1 to 3 to quash the proceedings in C.C.No.2429 of 2018 on the file of XVIII Metropolitan Magistrate Court, Saidapet, Chennai. 2.The learned counsel for the petitioner has submitted that based on the complaint given by the second respondent, who is the wife of the first petitioner and daughter-in-law of petitioners 2 and 3, a case was registered in Crime No.27 of 2016 under Section 498(A) of Indian Penal Code on the file of the first respondent and after investigation, charge sheet has https://hcservices.ecourts.gov.in/hcservices/

been filed stating that the petitioners herein have committed an offence punishable under Section 498(A) Indian Penal Code. He further submitted that now the petitioners and the second respondent have compromised the matter and the second respondent is willing to withdraw the case and also she has filed consent affidavit to that effect.

3.The learned counsel for the second respondent has filed consent affidavit on behalf of the second respondent. 4.The petitioners 1 to 3 and the second respondent appeared in person and they also produced identity cards and this Court has enquired with them and they have stated that they have settled the matter amicably. Since the matter is between the family members, this court is inclined to allow this petition.

5.In the result, this petition is allowed. The proceedings in C.C.No.2429 of 2018 on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai against the petitions herein is quashed. Consequently, connected Miscellaneous Petitions are also closed.

vv2 Sd/- Assistant Registrar(CS-VIII) // True Copy// Sub Assistant Registrar To 1.The XVIII Metropolitan Magistrate, Saidapet Madras.

2.The Inspector of Police, All Women Police Station, W-22, Mylapore, Chennai, (Crime No.27 of 2016).

3.The Public Prosecutor, High Court, Madras.

+ 1 CC TO MR.K.BALAJI, ADVOCATE SR 65457 + 2 CCS TO MR.N.KAMARAJ, ADVOCATE SR 65403 KR/10/10/18 CRL.O.P.No.22462 of 2018 https://hcservices.ecourts.gov.in/hcservices/