Bharath Kumar Resu v. The State Rep By Its,

Crl.M.P.No.16839 of 2022 in Crl.O.P.No.27419 of 2022 R.N.MANJULA , J.

The Criminal Miscellaneous Petition has been filed seeking to stay the proceedings pending in C.C.No.5176 of 2021 on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai.

2. The learned counsel for the petitioner submitted that on the complaint given by the 2nd respondent, a case has been registered against the petitioner, his brother and his parents in Crime No.16 of 2020 for the offence under Sections 498-A and subsequently altered into Sections 406, 420, 498-A of IPC and Section 4 and 6 of the Dowry Prohibition Act r/w. Section 34 of I.P.C.,

3. The learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent represented that the parties have already entered into a joint compromise and the same is available on file. Unfortunately, the petitioners were not aware of the lookout circular issued against the first accused. It is further submitted that when the first accused had arrived at Calcutta Airport from Australia, he was detained in view of the lookout circular.

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4. The learned counsel for the petitioner has also undertaken that as per the terms of the joint compromise, the petitioner shall cooperate and make his appearance before the Family Court for disposing the petition filed for divorce by mutual consent.

5. Since the matter is now settled between the petitioner and the 2nd respondent also agreed to the terms of compromise, further complication should be avoided. Hence, I feel it is appropriate to stay all further proceedings in C.C.No.5176 of 2021. So, there shall be an order of interim stay until further orders.

6. In view of the order of interim stay now granted, when the petitioner is produced before the learned Chief Metropolitan Magistrate, Chennai, the learned Chief Metropolitan Magistrate, Chennai shall consider and pass orders which could facilitate the parties to proceed in terms of compromise by avoiding any further complications.

7. Post the main cases on 04.01.2023.

23.12.2022 vum Note: Issue order copy today (23.12.2022) 2/3

R.N.MANJULA , J.

vum Crl.M.P.No.16839 of 2022 in Crl.O.P.No.27419 of 2022 23.12.2022 3/3