N.Sridhar v. The Protection Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 9-10-2015 Coram THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.7704 of 2015 M.P.No.1 of 2015 1.

N. Sridhar 2.

Lakshmi 3.

Hemavathy 4.

Jagadeeswari ..

Petitioners Vs.

1.

State rep.by The Protection Officer, Domestic Violence Act, Singaravelar Maligai, Chennai - 600 001.

2.

Vanishree ..

Respondents Criminal Original Petition filed under Section 482 of Cr.P.C. with a prayer to call for the records in DVC 712/2015 so pending before the XIII Metropolitan Magistrate Court at Chennai and quash the same.

For Petitioners :

Mr.D.Gunasekar For 1st Respondent :

Mr.C.Emalias, AdditionalPublic Prosecutor For 2nd Respondent :

Mr.S.Arivazhagan

O R D E R

It is seen that N.Sridhar/1st petitioner herein got married to Vanishree/2nd respondent herein on 12.2.2003 and they have one child through the wedlock. It appears that their marriage had gone into rough weather, resulting in the couple got estranged.

2.

Vanishree launched DVC No.712 of 2015 against N.Sridhar and his family members under the Domestic Violence Act before the XIII Metropolitan Magistrate, Chennai. 3.

In the meantime it is seen that the parties have arrived at an amicable settlement. They have also filed a memo of compromise and Vanishree has also filed an individual affidavit, wherein paragraphs 2 to 4 reads as follows: https://hcservices.ecourts.gov.in/hcservices/

"2.

I state that I along with the petitioner/accused will be filed a mutual consent petition for divorce on the basis of the mutual compromise between the first petitioner/accused and the 2nd respondent herein.

3.

I further state that we are not intervening and interrupting against each other. Hence, I have no objection whatsoever for the passing of quash order in the above Crl.O.P.No.7704/2015 in DVC No.712/2015 pending on the file of the XIII Metropolitan Magistrate, Egmore, Chennai.

4.

Accordingly, I therefore pray that this Hon'ble Court may be pleased to pass a suitable quash order in Crl.O.P.No.7704/2015 in DVC No.712/2015 on the file of the XIII Metropolitan Magistrate, Egmore, Chennai and thus render justice."

4.

In view of the above, this petition is allowed and the proceedings in DVC No.712 of 2015 on the file of XIII Metropolitan Magistrate Court, Chennai, is hereby quashed. Connected miscellaneous petition is closed.

vr s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To 1.

The XIII Metropolitan Magistrate, Chennai.

2. do thro'The Chief Metropolitan Magistrate, Chennai.

3.

The Protection Officer, Domestic Violence Act, Singaravelar Maligai, Chennai - 600 001.

4.

The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.Gunasekar, Advocate SR 55548 ad(co) prk26/10 Crl.O.P.No.7704 of 2015 https://hcservices.ecourts.gov.in/hcservices/