Jai Surya v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No.8563 of 2022

1. Jai Surya

2. Santhi ... Petitioners

Versus

1. The State rep. by The Inspector of Police, AWPS Thudiyalur, Coimbatore Dt.

(Crime No.26 of 2017)

2. Suruthi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records culminating in C.C.No.341 of 2018, pending on the file of learned Judicial Magistrate at Mettupalayam, quash the same.

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For Petitioners :

Ms.K.Akshaya for Mr. A.Nowfal For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C. No.341 of 2018 on the file of learned Judicial Magistrate at Mettupalayam.

2. Heard both sides.

3. The petitioners are ranked as A1 and A3 in the F.I.R. in Crime No.26 of 2017 registered for an offence under Sec.498 (A), 506(1) and 325 of I.P.C. based on the complaint given by the 2nd respondent/defacto complainant. Now, the petitioners have filed this petition praying to quash the proceedings in charge sheet.

4. Today, when the matter taken up for hearing, both the 1st petitioner and 2nd respondent/defacto complainant have appeared through video conference. The learned counsel for Petitioners would submit that already a compromise was arrived between the parties and as per the memo of Page No.2 of 4

compromise, divorce was also granted in favour of both parties in H.M.O.P.No. 817 of 2018, thereby as on date the marriage was dissolved. Furthermore, as per the terms, the 2nd respondent/defacto complainant agreed to withdraw the proceedings in C.C.No.341 of 2018. Hence, this petition may be closed.

5. Considering the fact that as per the terms of compromise, divorce was granted in favour of both parties in H.M.O.P.No.817 of 2018, thereby the marriage was also dissolved. Hence, the 2nd respondent/defacto complainant is not inclined to proceed further in the proceedings in C.C.No. 341 of 2018. So, as per the terms of compromise, this petition is liable to be closed. Accordingly, this Criminal Original Petition is closed. 08.02.2024 Index: Yes/No Internet: Yes/No rpp To

1. The Inspector of Police, AWPS Thudiyalur, Coimbatore Dt.

2. The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

rpp CRL.O.P.No.15301 of 2022 08.02.2024 Page No.4 of 4