Gnaneswar Adhi v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2016

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.9352 of 2016 and Crl.M.P. No.4811 of 2016 Gnaneswar Adhi Hemalatha Rangasamy Adhi Jotheeswar Petitioners/Accused 1 to 4 Vs The State of Tamil Nadu represented by the Inspector of Police All Women Police Station Coimbatore East, Coimbatore .. Respondents/Complainants G. Dhivya Tharani Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the charge sheet in C.C. No.48 of 2015 on the file of the Judicial Magistrate Court (Additional Mahila Court), Coimbatore and to quash the same.

For petitioners Mr. R. Selvakumar For R1 Mr. C. Emalias Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the charge sheet in C.C. No.48 of 2015 on the file of the Judicial Magistrate Court (Additional Mahila Court), Coimbatore and to quash the same. On the complaint lodged by Dhivya Tharani, the second respondent herein/de facto complainant, the first respondent police registered a case in Crime No.2 of 2015 against the petitioners herein and after completing the investigation, filed a final report in C.C. No.48 of 2015 https://hcservices.ecourts.gov.in/hcservices/

before the Judicial Magistrate Court (Additional Mahila Court), Coimbatore, against the petitioners herein for an offence under Section 498-A IPC.

It is the case of the de facto complainant that she got married to Gnaneswar Adhi (A1) on 15.07.2013 and thereafter, their marriage ran into rough weather and that Gnaneswar Adhi (A1) and his family members had inflicted cruelty on her.

During the pendency of the case, it appears that Gnaneswar Adhi (A1) and Divya Tharani have dissolved their marriage by a decree of divorce in O.P. No.4 of 2015 before the Sub-Court, Gudiyattam, Vellore on 20.02.2015, pursuant to which, Dhivya Tharani has got married and is settled in Dubai. Mr. T. Gunasekar, father of Dhivya Tharani is present before this Court today and has also filed an affidavit stating that the parties have arrived at an amicable settlement and that he has no objection in C.C. No.48 of 2015 being quashed.

Recording the said submission of the father of Dhivya Tharani, the prosecution in C.C. No.48 of 2015 on the file of the Judicial Magistrate Court (Additional Mahila Court), Coimbatore is quashed and this Criminal Original Petition is allowed. Connected Crl.M.P. is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar cad To The Inspector of Police All Women Police Station Coimbatore East, Coimbatore The Judicial Magistrate (Additional Mahila Court) Coimbatore The Public Prosecutor High Court, Madras 1 cc to Mr.R.Selvakumar, Advocate, sr.34679 Crl.OP No.9352 of 2016 nrjk co kra 14.07.2016 https://hcservices.ecourts.gov.in/hcservices/