Madras High CourtCRL OP/5912/2016allowed

Karthika v. S.Parimala

2016-03-21Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.5912 of 2016 Karthika .. Petitioner/Accused No.2 Vs.

1.S.Parimala ..1st Respondent/Defacto Complainant 2.The State rep.by The Inspector of Police, All Women Police Station, Crime No.3 of 2012, Thirukovilur, Villupuram District.

..2nd Respondent/Complainant Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the Criminal case in C.C.No.295 of 2013 on the file of the learned Judicial Magistrate, Sankarapuram, Villupuram District and quash the same For Petitioner : Mr.N.Manokaran For Respondents : Mr.E.Sivaraman (For R1) Mr.C.Emalias Additional Public Prosecutor (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.295 of 2013 on the file of the Judicial Magistrate, Sankarapuram in Crime No.3 of 2012 on the file of the second respondent and quash the same.

2.Today (18.03.2016), petitioner/Accused No.2, the first respondent, their respective counsel and the learned Additional https://hcservices.ecourts.gov.in/hcservices/

Public Prosecutor were present and their identification is also verified by this Court. The first respondent filed a consent affidavit stating that she has no objection for quashing the proceedings in C.C.No.295 of 2013 on the file of the learned Judicial Magistrate Sankarapuram.

3.Considering the nature of allegation and also considering the consent affidavit filed by the first 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.295 of 2013 on the file of the learned Judicial Magistrate, Sankarapuram in respect of the petitioner/Accused No.2 alone is hereby quashed and this Criminal Original Petition is allowed accordingly. -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar kkd To 1.The Judicial Magistrate Sankarapuram

2. The Inspector of Police, All Women Police Station, Crime No.3 of 2012, Thirukovilur, Villupuram District.

3.The Public Prosecutor High Court, Chennai.

+1 cc to M/s.N.Manokaran Advocate sr.17963 Crl.O.P.No.5912 of 2016 aa04/04/2016 https://hcservices.ecourts.gov.in/hcservices/