Madras High CourtCRL OP/3626/2016allowed

K.Murugesan v. State Rep. By

2016-03-09Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3626 of 2016 K.Murugesan .. Petitioner Vs.

1. State Represented by The Inspector of Police, All Women Police Station, Sankagiri, Salem District.

(Cr.No.4 of 2015)

2. V.Narmadha .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in C.C.No.55 of 2015 pending on the file of the learned Judicial Magistrate No.I, Sankagiri and quash the same.

For Petitioner : Mr.H.Rajasekar For Respondents : Mr.C.Emalias Additional Public Prosecutor (For R1) Mrs.Udaya P.S.Menon (For R2)

ORDER

The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.55 of 2015 pending investigation on the file of the learned Judicial Magistrate No.I, Sankagiri and quash the same.

2.Today (09.03.2016), the petitioner, the second respondent, their respective counsel and the learned Additional Public Prosecutor were present and their identification is also verified by this Court. The second respondent filed an affidavit stating that even though the case has been registered against the petitioner for the offences punishable under Sections 341, 506(i) of I.P.C. and Section 4 of Women Harassment Act, 1998 since the matter has been compromised, she does not want to pursue the case further.

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3.Considering the nature of allegation and also considering the affidavit filed by the second respondent, this Court is of the opinion that no useful purpose would be served by allowing the trial to proceed with. Therefore, the entire proceedings in C.C.No.55 of 2015 on the file of the learned Judicial Magistrate No.I, Sankagiri is hereby, quashed and this Criminal Original Petition is allowed accordingly.

kkd s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Sankagiri Police Station, Sankagiri, Salem District.

2. The Judicial Magistrate No.I, Sankagiri.

3. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.H.Rajasekarn, Advocate, SR 15098 kji(co) prk22/3 Crl.O.P.No.3626 of 2016 https://hcservices.ecourts.gov.in/hcservices/