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Madras High CourtCRL OP/16349/2022allowed

Subashini v. The State Rep By

2024-03-06Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 16349 of 2022 & Crl.MP.No. 9435 & 16889 of 2022 1.Subashini 2.Jayaraj Padmanabhan Both petitioner's represented through their power agent Mr.P.Yuvaraj S/o. late Padmanabhan 2B, Serenity Flat, AE 86, IVth Avenue, Shanthi Colony, Anna Nagar West, Chennai - 600 040.

(Amended as per order dated 28.11.2022 in Crl.MP. NO. 17805 of 2022 in OP No. 16349 of 2022 in Crl.MP. No. 9435 of 2022 )

...Petitioners

Vs.

1 THE STATE OF TAMIL NADU INSPECTOR OF POLICE W-32, ALL WOMEN POLICE STATION, MADIPAKKAM, CHENNAI - 600 117.

2 PRIYANKA

...Respondents

PRAYER : This petition has been filed under Section 482 of Cr.P.C , to call for the records relating to the proceedings in C.C No. 1 of 2022, on the file of the Additional Mahila Court, Alandur, Chennai and pass quash the same in so far at the petitioners are concerned. For Petitioner : Mr.R.Bharath Kumar For R1 : S.Vinoth Kumar Government Advocate (Crl.side) For R2 : Ms.R.Sumithra

ORDER

The petitioners herein filed this petition to call for the records relating to the proceedings in C.C No. 1 of 2022, on the file of the Additional Mahila Court, Alandur, Chennai and pass quash the same in so far at the petitioners are concerned.

2. When the matter is taken up for hearing, the learned counsel for the petitioners submitted that compromise was entered between the defacto complainant and his husband and also they filed mutual divorce petition before the I Additional Family Court, chennai, and the defacto complainant is ready to withdraw the D.V.C proceedings to that effect he filed affidavit of the defacto complainant. This court perused the affidavit filed by the defacto complainant. Accordingly, proceedings in C.C No. 01 of 2022 is hereby quashed and the affidavit filed by the defacto complainant is forming

part of the order.

3. In the result, this petition is allowed. No Costs. Consequentially connected miscellaneous petition is closed.

06.03.2024 pbl To

1. The Public Prosecutor, High Court, Madras.

2. The Additional Mahila Court, Alandur, Chennai.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 16349 of 2022 & Crl.MP.Nos. 9435 & 9437 of 2022 06.03.2024