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Madras High CourtCRL OP/13724/2017allowed

Hariraman, M/A-35 Yrs v. Vasuki, F/A-30 Yrs

2017-08-18Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.13724 of 2017 & Crl.M.P.No.8825 of 2017 and Crl.O.P.No.26965 of 2016 & Crl.M.P.No.13590 & 13951 of 2016 Hariraman ... Petitioner in Crl.O.P.No.13724 of 2017 1.Lakshmi 2.Parvathi 3.Arumugam ... Petitioners in Crl.O.P.No.26965 of 2016 versus Vasuki ... Respondent in both the petitions Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.549 of 2016 on the file learned Judicial Magistrate, Alandur and quash the proceedings against the petitioners herein in the above case. For Petitioners : M/s.R.Rajan (in both the petitions) For Respondent : M/s.T.Velumani (in both the petitions) COMMON ORDER This Criminal Original Petitions have been filed to call for the records in C.C.No.549 of 2016 on the file learned Judicial Magistrate, Alandur

and quash the proceedings against the petitioners herein in the above case. 2.Heard the learned counsel for both sides.

3. The learned counsel for the petitioners submitted that pending proceedings in C.C.No.549 of 2016 on the file of the learned Judicial Magistrate, Alandur, de facto complainant and the petitioners have amicably settled the issue among themselves and to this effect the de facto complainant has filed an affidavit dated 18.08.2017 before this Court stating that she has no objection if the proceedings in C.C.No.549 of 2016 on the file learned Judicial Magistrate, Alandur is quashed.

4. The de facto complainant Mrs.Vasuki and the first accused viz., Mr.Hariraman are present before this Court and they are identified by the Investigating Officer. The petitioners in Crl.O.P.No.26965 of 2016 (accused No.2 to 5) are not present before this Court.

5. It is seen that the main issue is between the first accused and the de facto complainant, who are husband and wife. In my view, since the first accused and the de facto complainant have amicably resolved their issues among themselves, proceedings insofar as the accused No.2 to 5 may not be kept pending. Recording the submissions made by the de facto complainant in

her affidavit dated 18.08.2017, the proceedings in C.C.No.549 of 2016 on the file of the learned Judicial Magistrate, Alandur is quashed. Accordingly, the Criminal Original Petitions stand allowed. Consequently, connected miscellaneous petitions are closed.

18.08.2017 Index :Yes/No.

Internet:Yes/No.

pvs To The Judicial Magistrate, Alandur

M.S.RAMESH.J, pvs Crl.O.P.No.13724 of 2017 & Crl.O.P.No.26965 of 2016 18.08.2017