Sanjitha v. Jeeva

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.11.2023 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN and Crl. MP. Nos.11084, 11088, 11281 & 11283 of 2023 Crl.O.P.No.17200 of 2023 Sanjitha ... Petitioner -vsJeeva

...Respondent

PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings pending in C.C. No.129 of 2019 on the file of the Judicial Magistrate No.1 at Mettur dam for an offence under Section 200 Cr.P.C. Crl.OP. No.17383 of 2023 1.Sanjitha 2.Nagesh 3.Mathammal ... Petitioners -vsArumugham

...Respondent

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PRAYER : Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings pending in C.C. No.208 of 2019 on the file of the Judicial Magistrate No.1 at Mettur dam for an offence under Section 200 Cr.P.C. For Petitioners : Mr.C.Arun Kumar in both Crl.O.Ps.

For Respondent : Mr.M.Selvam in both Crl.O.Ps.

COMMON ORDER The two private complaints are filed under Section 200 Cr.P.C arising out of matrimonial dispute in C.C. Nos. 129 & 208 of 2019.

2. The petitioner/Sanjitha is the wife of one Ashwin Kumar. The defacto complainant is the father in law/Arumugham in C.C. No.208 of 2019 and the mother in law/Jeeva in C.C. No.129 of 2019. The quash petition is filed on the premise that while taking cognizance of the complaint, the trial Court has not even mentioned, what is the offence made out in the complaint and under what Section or Penal provision, the petitioners have to face the trial.

3. Pending quash petition, it is now brought to the notice of this Court that the complainant Arumugham and Jeeva have entered into settlement and joint compromise memo has been signed by this petitioners and complainants and husband of the petitioner/Sanjitha viz., Ashwinkumar. Parties have agreed to withdraw the respective complaints, pending against each other in the Page No.2/4

domestic violence complaint initiated by the petitioners which is pending before the learned Judicial Magistrate No.I Court at Mettur Dam in DVC No.05 of 2019. The memo has been recorded and the complaint initiated by the petitioner herein has been dismissed as not pressed vide order dated 26.09.2023.

4. These two Calendar Cases, which are pending based on the private complaint have to face the same fate in view of the joint compromise memo and therefore, without adverting to the merits of the quash petitions, the petitioner is hereby directed to appear before the learned Judicial Magistrate No.I, Mettur Dam and seek for dismissal of the complaints, pursuant to the compromise memo entered between the parties.

5. With this directions, this Criminal Original Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. 15.11.2023 Internet : Yes/No Index : Yes/No rkp Page No.3/4

Dr.G.JAYACHANDRAN, J.

rkp To

1. The Judicial Magistrate No.I, Mettur dam.

2. The Public Prosecutor, Madras High Court, Madras.

and Crl. MP. Nos.11084, 11088, 11281 & 11283 of 2023 15.11.2023 Page No.4/4