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Madras High CourtCRL OP/15652/2019allowed

R.Jagadeesan v. The State Rep By Its

2021-10-29Honourable Ms Justice R.N.Manjula2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.10.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA Crl.O.P.No.15652 of 2019 1.R.Jagadeesan 2.M.Rajagopal 3.Sugirtham 4.Komaladevi

...Petitioners/Accused 1 to 4

Vs.

1. State by, Inspector of Police, All Women Police Station, Thousand Lights, Chennai.

2. Vanaja

...Respondents/Complainants

PRAYER : This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records relating to C.C.No.25/2019 dated 27.02.2019 on the file of Metropolitan Magistrate Additional Mahila Court, Egmore, Chennai and quash the same.

For Petitioners : Mr.S.Arivazhagan For Respondents : Mrs.G.V.Kasthuri Additional Public Prosecutor for R1 Mr.S.Ganesan for R2

O R D E R

This Criminal Original Petition has been filed under Section 482 Cr.P.C, to call for the records relating to C.C.No.25/2019 dated 27.02.2019 on the file of Metropolitan Magistrate Additional Mahila Court, Egmore, Chennai and quash the same.

2.The second respondent is the wife of the first petitioner. The second and third petitioners are the parents of the first petitioner. The second respondent has given a complaint by alleging that she was subjected to matrimonial cruelty by the petitioners and they had demanded dowry and refused to give her valuable possessions.

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3.The learned counsel for the petitioners and the learned counsel for the second respondent have submitted before this Court that during the pendency of these proceedings, the first petitioner and the second respondent have worked out some settlement between themselves. In view of the same, they arrived at a conclusion that they should part ways by way of filing divorce petition by mutual consent. In this regard a joint memo of compromise has also been filed on 25.08.2021. 4.Both the learned counsels appearing for the parties, the first petitioner and the second respondent have made their appearance through video conferencing. Ms.R.Jothi, All Women Police Station, Thousand Lights, Chennai, is present before this Court and identified the complainant.

5.When enquired, the second respondent and the first petitioner have stated that they have settled the disputes between themselves and filed a consent divorce petition before the Jurisdiction Court. The second respondent has stated that she has no objection to quash these proceedings. The joint compromise of memo is recorded after the above verification. 6.In view of the above, the proceedings in C.C.No.25/2019, dated 27.02.2019 on the file of Metropolitan Magistrate Additional Mahila Court, Egmore, Chennai, is quashed. 7.In the result, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar True Copy// Sub Assistant Registrar Pns To 1.The Inspector of Police, All Women Police Station, Thousand Lights, Chennai.

2.The Metropolitan Magistrate, Additional Mahila Court, Egmore, Chennai.

+1cc to Mr.S.Arivazhagan, Advocate, S.R.No.56280 Crl.O.P.No.15652 of 2019 RSI[co] NSK 01/12/2021 https://hcservices.ecourts.gov.in/hcservices/