R.Kanniammal v. Saroja

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17-02-2020 Coram :

THE HONOURABLE Mr.JUSTICE P.VELMURUGAN Crl.O.P.No.30810 of 2014 and M.P.Nos.1 & 2 of 2014 1.R.Kanniammal, 2.R.Devarajan, 3.R.Radhakrishnan.

... Petitioners/Respondents 2 to 4 Vs.

1.Saroja, 2.R.Ravikumar ... Respondents/Petitioners Prayer:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, pleased to quash the proceedings filed by the 1st respondent before the Trial Court in M.P.No.1057 of 2013 on the file of the learned XIII Metropolitan Magistrate, Egmore, Chennai. For Petitioners : Mr.S.Rajendrakumar for M/s.Norton and Grant For respondents : Mr.V.Parthiban for R1 No appearance for R2.

O R D E R

The first respondent filed a complaint before the Protection Officer under the Domestic Violence Act. Based on the report of the Protection Officer, the learned XIII Metropolitan Magistrate, Egmore, Chennai-8, taken the case on file in M.P.No.1057 of 2013. Pending this case, the respondents 2 to 4 in that complaint, have filed the present petition to quash the complaint as against them. 2.The learned counsel for the petitioners would submit that pending this Criminal Original Petition, the first petitioner herein died and the 2nd and 3rd petitioners are the brothers of the second respondent. He further submitted that the 2nd and 3rd petitioners have vacated the premises and now the 1st respondent is in possession of the https://hcservices.ecourts.gov.in/hcservices/

property.

Therefore,the complaint filed against the petitioners is liable to be quashed.

3.The learned counsel for the 1st respondent/defacto complainant did not dispute the fact submitted by the learned counsel for the petitioners and also submitted that he got instructions from his client, not to proceed with the case.

4.In view of the above submissions, nothing survives further in this case. Accordingly, this Criminal Original Petition is dismissed.

Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To 1.The XIII Metropolitan Magistrate Court, Egmore, Chennai-8.

2.The Public Prosecutor, High Court, Madras-104.

+1cc to M/s.Norton & Grant, Advocate SR.13445 Crl.OP.No.30810 of 2014 VG II(CO) CB(31/07/2020) https://hcservices.ecourts.gov.in/hcservices/