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Madras High CourtCRL OP/4899/2017allowed

Aram, M/A 32 Yrs, v. The State Rep.By,

2021-11-30Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2021 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR CRL. O.P. NO.4899 OF 2017 AND CRL. M.P.NOS.3661 AND 3662 OF 2017

1) Aram S/o. Sokkan

2) Kuppammal W/o. Sokkan

3) Anbu S/o.Sokkan

4) Aruna W/o.Anbu ....Petitioners/ Accused 1 to 3

Versus

1. The State represented by The Inspector of Police, All Women Police Station Tirupattur Vellore District Crime No.28/2013

2. V.Mouleeswari ....Respondents PRAYER :

Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the charge sheet in C.C.No.42 of 2014 on the file of Judicial Magistrate Court II, Tirupattur, Vellore District.

For Petitioner ...Mr.A.Vijayakumar For Respondents ...Mr.S.Vinoth Kumar Government Advocate (Crl.side) for R1 Mr.K.Thiruvalluvan for R2

O R D E R

This petition has been filed to quash the final report filed in C.C.No.42 of 2014 on the file of Judicial Magistrate Court II, Tirupattur, Vellore District for the offences under Sections 498-A and 506 (i) of IPC as against husband and in-laws of the defacto complainant.

2. Heard the learned counsel appearing for the petitioners, learned Government Advocate (Crl.side) appearing for the first respondent and learned counsel for the second respondent.

3. The learned counsel for the petitioners submitted that the entire issue has been settled between the parties before the Lok Adalat pursuant to which, divorce has also been granted by the Family Court and the de facto complainant herself is not willing to precipitate the complaint any further. It is his further submission that de facto complainant settled permanently outside the country. This submission is recorded.

4. A copy of the judgment passed in H.M.O.P.No.187 of 2015 by the Sub-Court, Thirupathur has also been placed before this Court and the same clearly indicates that the issues have been settled in the Lok Adalat as far as the maintenance case is concerned. This Court is of the view that since the dispute is only with regard to matrimonial issues, which has already been settled between the parties, continuation of prosecution against the petitioners will not yield any fruitful result. In such view of the matter, this Criminal Original Petition is allowed and the final report in C.C.No.42 of 2014 on the file of Judicial Magistrate Court- II, Tirupattur, Vellore District is quashed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gpa/gba

To

1. The Judicial Magistrate Court II, Tirupattur, Vellore District.

2. Do thro The Chief Judicial Magistrate, Vellore.

3. The Inspector of Police, All Women Police Station, Tirupattur, Vellore District.

4. The Public Prosecutor, Madras High Court, Chennai.

+2ccs to Mr.A.Vijayakumar, Advocate, S.R.No.62045 Crl. O.P. No.4899 of 2017 and Crl. M.P.Nos.3661 and 3662 of 2017 JPL(CO) PM/10/12/2021