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Madras High CourtCRL OP/28082/2017allowed

P.S.Shanmugam, Aged 65 Years, v. S.Prabhavathy, Aged 29 Years,

2018-03-19Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH Crl.OP No.28082 of 2017 and Crl.MP.Nos.15980 & 15981 of 2017 1.P.S.Shanmugam 2.K.Gowri 3.S.S.Balaji 4.R.Bharath @ Bharathkumar 5.S.S.Subhasree .. Petitioners

Versus

S.Prabhavathy .. Respondent Criminal Original Petition filed under Section 482 Cr.P.C, praying to call for the records in and connected with in D.V.C.No.444 of 2017, on the file of the Additional Mahila Court (Magisterial Level), Egmore at Allikulam, Chennai - 600 003 and quash the same.

For Petitioners: Mr.N.Balaji For Respondent: Mr.Udayabanu (Professor)

O R D E R

The prayer sought for in the present petition is to call for the records in connection with D.V.C.No.444 of 2017, on the file of the Additional Mahila Court (Magisterial Level), Egmore at Allikulam, Chennai - 600 003 and quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioners and the respondent / de-facto complainant have amicably resolved the dispute between themselves.

3. Both the learned counsel have identified the respondent/de-facto complainant, who is present before this Court today. In order to identify the 3rd petitioner and the respondent, they have submitted their photo copies of Identity Cards viz., 1.S.S.Balaji - 493591885564 (Adhar Card) and 2. S.Prabhavathy - TN05 20150001399 (Driving Licence Card) and after verification of the original, the same is recorded.

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4. Today, an affidavit dated 19.03.2018 was also filed by the respondent / de-facto complainant to the effect that she has no objection to quash the proceedings in D.V.A.No.444

of 2017, pending on the file of the Additional Mahila Court (Magisterial Level), Egmore at Allikulam, Chennai.

5. Recording the same, the proceedings in D.V.A.No.444 of 2017, pending on the file of the Additional Mahila Court (Magisterial Level), Egmore at Allikulam, Chennai are quashed. The Criminal Original Petition is allowed.

6. The affidavit filed by the respondent/de-facto complainant dated 19.03.2018 shall form part of the order. (Compromise Affidavit xerox copy enclosed) Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar klt To The Additional Mahila Court,(Magisterial Level), Egmore At. Allikulam, Chennai.

+ 3 ccs to Mr.N. Balaji Advocate Sr.20737 & 20382 Crl.OP No.28082 of 2017 and Crl.MP.Nos.15980 & 15981 of 2017 GP(CO) EU(06/04/2018) https://hcservices.ecourts.gov.in/hcservices/