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Madras High CourtCRL OP/19934/2023allowed

K.Satish Kumar v. Inspector Of Police

2023-09-11Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.9.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.19934 & 14161 of 2023 & Crl.M.P.Nos.13533, 13534, 8756 & 8758 of 2023 K.Sathish Kumar

...Petitioner in Crl.O.P.No.19934 of 2023

1.Sundarambal 2.Krithiga

...Petitioners in Crl.O.P.No.14161 of 2023

Vs.

1.State of Tamil Nadu, Represented by the Inspector of Police, All Women's Police Station (East), D-1, Ramanathapuram Police Station, Coimbatore City, Coimbatore.

2.T.Sindhiya

...Respondents in both Crl.O.Ps.

Criminal Original Petitions under Section 482 of the Criminal Procedure Code praying to call for the records of the complaint in C.C.No.2515 of 2019 on the file of the Additional Mahila Court, Coimbatore and quash the same as against the petitioners. For Petitioners in both Crl.O.Ps.

: Mr.C.P.Prasanth Gopal For Respondent-1 in both Crl.O.Ps.

: Mr.A.Gopinath, 1/5

Government Advocate (Crl. Side) COMMON ORDER These petitions have been filed to quash the proceedings pending in C.C.2515 of 2019 on the file of the Additional Mahila Court, Coimbatore.

2. Heard Mr.C.Prasanth Gopal, learned counsel for the petitioners and Mr.A.Gopinath, learned Government Advocate (Criminal Side) appearing for the first respondent and carefully perused the materials available on record.

3. There was some matrimonial dispute between the petitioner in Crl.O.P.No.19934 of 2023 and the second respondent, which resulted in the registration of FIR in crime No.720 of 2015 by the first respondent. Subsequently, the parties compromised the dispute and filed a petition for dissolution of marriage by mutual consent in HMOP.No.1368 of 2017 before the Additional Principle Family Judge, Coimbatore and the marriage was dissolved by the Judgment and decree dated 29.10.2018. Even in the compromise petition that was filed before the Court, it is categorically stated that the second respondent will withdraw the case pending in Crime 2/5

No.720 of 2015.

4. It is brought to the notice of this Court that after dissolution of marriage, the petitioner in Crl.O.P.No.19934 of 2023 and the second respondent are living their own lives peacefully.

5. In view of the same, the continuation of the proceedings against the petitioners will result in abuse of process of court. Hence, the proceedings in CC.2515 of 2019 on the file of the Additional Mahila Court, Coimbatore is hereby quashed. Accordingly, both the criminal original petitions stand allowed. Consequently, connected miscellaneous petitions are closed. 11.9.2023 nl Index : Yes/No Speaking order:Yes/No 3/5

To 1.The Inspector of Police, All Women's Police Station (East), D-1, Ramanathapuram Police Station, Coimbatore City, Coimbatore.

2.The Public Prosecutor, Madras High Court.

4/5

N.ANAND VENKATESH,J nl Crl.O.P.Nos.19934 & 14161 of 2023 & Crl.M.P.Nos.13533, 13534, 8756 & 8758 of 2023 11.9.2023 5/5