V.Balakrishnan v. The State
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.08.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.21189 OF 2019 V.Balakrishnan ... Petitioner/ Accused vs.
1.
State rep by: The Inspector of Police, W-26, All Women Police Station, Ashok Nagar, Chennai.
(Crime No.1 of 2019) 2.
B.Sivaranjani .. Respondents/ Defacto Complainant PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records and to quash the Criminal Proceedings vide in C.C.No.456 of 2019, pending on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai- 15, in Crime No.1 of 2019, pending on the file of All Women Police Station, W-26, Ashok Nagar, Chennai and quash the same as against the petitioner. For Petitioner : Mr.M.R.Radhakrishnan For Respondent : Mr.C.Raghavan Government Advocate (Crl.side) for R1 M/s.G.Saibaba for R2
ORDER
When the matter came up for hearing before this Court on 07.08.2019, this Court passed the following order: "The 2nd respondent is present before this Court and she stated that the matter has been compromised between the parties and they have also entered into a Memorandum of Understating on 13.07.2019. As per the Memorandum of
Understating, both the parties have agreed to open the joint locker maintained at Indian Bank, Natham Branch, Dindigul District and they will take their respective articles from the locker. The 2nd respondent stated that this condition has to be complied with before the mutual consent and the quashing of the proceedings.
2. The learned counsel appearing on either side submitted that the parties will go to the concerned bank on 14.08.2019 and open the locker and take their respective articles.
3. There shall be a direction to the Indian Bank, Natham Branch, Dindigul District, to permit the first petitioner and the second respondent to open the joint account locker No.28 in Account Number.6374274348 and permit them to take their respective articles.
4. Post this case on 16.08.2019 at 02.15 p.m., "for reporting compromise".
2. It is reported that subsequent to the order of this Court, the parties have taken their respective articles from the locker and the parties have also given statements before the Family Court, where they have filed a petition for dissolution of the marriage by mutual consent.
3. A Memorandum of Understating has also been filed before this Court.
4. In view of the above, no useful purpose will be served in keeping the proceedings pending before the Court below. Accordingly, the proceedings in C.C.No.456 of 2019, pending on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai- 15, is hereby quashed, on the ground of compromise.
5. Accordingly, this Criminal Original Petition is allowed. Sd/- Deputy Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar ub
To 1.
The XXIII Metropolitan Magistrate, Saidapet, Chennai- 15.
2.
The Inspector of Police, W-26, All Women Police Station, Ashok Nagar, Chennai.
3.
The Public Prosecutor, High Court of Madras, Madras.
+2cc to M/s.G.Saibaba, Advocate, S.R.No.71065 +1cc to Mr.M.R.Radhakrishnan, Advocate, S.R.No.70784 Crl.O.P.No.21189 of 2019 VGII(CO) CS/17/09/2019