C.Manikandan, Aged 34 Years v. M.Rani, Aged 21 Years

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.18100 of 2016 and Crl.MP.Nos.8601 & 8602 of 2016 C.Manikandan ...

Petitioner Vs 1.M.Rani 2.Minor Sri Nitheesh Minor represented by mother and Natural guardian M.Rani.

...

Respondents Common Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in M.C.No.11 of 2016 on the file of the learned Chief Judicial Magistrate, Tiruvarur and quash the same.

For Petitioner : Mr.K.Shivakumar For Respondents : Mr.G.Moses

ORDER

This Criminal Original Petition has been filed to call for the records in M.C.No.11 of 2016 on the file of the learned Chief Judicial Magistrate, Tiruvarur and quash the same.

2. Heard the learned counsel appearing for the petitioner as well as the respondents.

3. C.Manikandan got married to one M.Rani on 18.08.2012 and on account of matrimonial dispute, M.Rani initiated proceedings under Section 125 Cr.P.C in M.C.No.11 of 2016 before the Chief Judicial Magistrate, Tiruvarur, challenging which, this petition has been filed on the ground that the parties have arrived at a amicable settlement.

4. Today, When the matter is called for hearing, M.Rani/first respondent is present and she is represented by her counsel Mr.G.Moses. She has filed an affidavit dated 17.08.2016, wherein, it is stated as follows:

" 1. I am the 1st respondent herein and as such I am well acquainted with the facts of the case.

2. I further submit that after filing of the above quash petition, there was a compromise talks held between the elders of both the families and on the advice of the elders of both the families, I joined the petitioner along with my minor daughter on 04.06.2016 and now, myself and the petitioner are living at No.1, Cora Masilamani Street, Sripuram, Chromepet, Chennai 600 044.

3. I state that in view of the compromise between me and the petitioner, I undertake to live with the petitioner peacefully in future and I will not cause any problem to the peaceful living with the petitioner and therefore, the complaint in M.C.No.11 of 2016 on the file of the learned Chief Judicial Magistrate, Tiruvarur pending against the petitioner may be quashed."

4. In view of the compromise arrived at between the parties as stated above, the proceedings in M.C.No.11 of 2016 is hereby quashed.

In the result, the criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed. 17.08.2016 sms To The Chief Judicial Magistrate, Tiruvarur

P.N.PRAKASH,J, sms Crl.OP.No.18100 of 2016 and Crl.MP.Nos.8601 & 8602 of 2016 17.08.2016