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Madras High CourtCRL OP/6909/2016allowed

Ethiraj, v. Ankithan,

2016-04-05Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.6909 of 2016 Ethiraj Petitioner Vs.

1. Ankitha

2. The State, represented by Inspector of Police, W-7, Anna Nagar AWPS, Chennai.

Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records and quash the C.C.No.2150 of 2012 pending trial on the file of V Metropolitan Magistrate, Egmore (Allikulam), Chennai.

For Petitioner : Mr.Raja Chockalingam For Respondent : Mr.Om Sai Ram (R1) Mr.C.Emalias Addl. Public Prosecutor (R2) ********

ORDER

The petitioner has come forward with this petition under Section 482 of Code of Criminal Procedure, praying to call for the records and quash the C.C.No.2150 of 2012 pending trial on the file of V Metropolitan Magistrate, Egmore (Allikulam), Chennai.

2. The petitioner and 1st respondent with their respective counsel are present. They identified their parties. The Court has also identified the parties through their identity cards.

3. The 1st respondent viz., Ankitha has stated that she has no objection to quash the proceedings in C.C.No.2150 of 2012 pending on the file of V Metropolitan Magistrate, Egmore, Chennai filed by her against her husband/petitioner herein and to that effect, she has also filed an affidavit signed by her to that effect.

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4. The issue pertains to a matrimonial dispute between the petitioner and 1st respondent and now the matter has been settled between the parties and an affidavit to that effect has also been filed before this Court.

5. Recording the submission made by the 1st respondent and also the affidavit filed by the 1st respondent, this petition is allowed and the entire proceedings in C.C.No.2150 of 2012 pending on the file of V Metropolitan Magistrate, Egmore, Chennai is hereby quashed.

msr s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, W-7, Anna Nagar AWPS, Chennai.

2.The V Metropolitan Magistrate, Egmore, Chennai

3. The Public Prosecutor, High Court, Chennai.

+ 1 cc to Mr.S.T.Raja, Advocate SR 22308 sks(co) prk25/4 Crl.O.P.No.6909 of 2016 https://hcservices.ecourts.gov.in/hcservices/