Priya Darshini v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.25604 & 25607 of 2014 and 23767 of 2015 and Crl.M.P.Nos.1 & 1 of 2014 and 1 of 2015 1.Priya Dharshini ... Petitioner in Crl.O.P.No.25604 of 2014 2.Krishna kumar 3.Seetha ... Petitioners in Crl.O.P.No.25607 of 2014 4.K.Balaji ... Petitioner in Crl.O.P.No.23767 of 2015 Vs.

1.State of Tamil Nadu rep by its., The Inspector of Police, W-24, All Women's Police Station, Teynampet, Chennai-600 006.

Crime No.01 of 2009.

2.V.G.Swarnalatha ... Respondents in all Crl.O.Ps.

PRAYER in Crl.O.P.Nos.25604 & 23767 of 2015: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records comprised in C.C.No.4453 of 2013 pending on the file of the learned 23rd Metropolitan Magistrate Court at Saidapet, Chennai and quash the same.

PRAYER in Crl.O.P.No.25607 of 2014: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the entire records comprised in C.C.No.11033 of 2009 pending on the file of the learned 23rd Metropolitan Magistrate Court at Saidapet, Chennai and quash the same. In all Crl.O.Ps For Petitioners:

Mr.Vimal B.Crimson For R1 :

Mr.V.Saradha Devi, Government Advocate [Crl. Side]

For R2 :

No Appearance

ORDER

Criminal Original Petitions filed to quash the proceedings in C.C.Nos.4453 of 2013 & 11033 of 2009 pending on the file of the XXIII Metropolitan Magistrate Court, Saidapet, Chennai. 2.No representation for the respondent either in person or by her respective counsel.

3.The learned counsel for the petitioners would submit that the respondent during the pendency of this case without obtaining divorce from the 1st accused, got married another person viz., G.Srikrishna Iyer on 20.05.2011 at Tirupathi and the same was registered and they are living happily. Hence, he prayed to quash the proceedings against the petitioners. 4.The learned Government Advocate [Crl. Side] appearing for the 1st respondent would submit that she has no instructions with regard to the second marriage of the respondent with one G.Srikrishna Iyer on 20.05.2011 at Tirupathi. 5.Recording the submission made by the learned counsel for the petitioners, this Criminal Original Petitions are allowed and the proceedings in C.C.Nos.4453 of 2013 & 11033 of 2009 pending on the file of the XXIII Metropolitan Magistrate Court, Saidapet, Chennai are quashed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar vv2 To 1.The XXIII Metropolitan Magistrate Court, Saidapet, Chennai.

2.The Inspector of Police, W-24, All Women's Police Station, Teynampet, Chennai-600 006.

3.The Public Prosecutor, High Court, Madras.

+3 CCS to Mr.Vimal B.Crimson, Advocate sr 14157, 14158, 14159 Crl.O.P.Nos.25604 & 25607 of 2014 and 23767 of 2015 SP(18/05/2020)