Mrs.K.Nirmala,Aged 67 v. S.Anitha, Aged 38

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. Nos. 17167 and 17168 of 2017 and Crl.M.P.Nos. 10521 to 10524 of 2017 1.K.Nirmala 2.R.Durga 3.T.Rajarajan . . . Petitioners in Crl.O.P.No.17167 of 2017 1.A.Lavanya 2.A.R.Ashok . . . Petitioners / Accused in Crl.O.P.No.17168 of 2017

Versus

S.Anitha . . . Respondent in both petitions COMMON PRAYER : Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the entire records relating to C.C.No.4098 of 2017, on the of the II Metropolitan Magistrate Court, Egmore (Allikulam), Chennai and quash the same. For Petitioners : Mr.A.Ramesh, Senior Counsel for Mr.A.V.Radhakrishnan (In both Crl.O.Ps.) For Respondent : Mr.R.Singaravelan, Senior Counsel for M/s.K.Janani (In both Crl.O.Ps.) C O M M O N O R D E R These Criminal Original Petitions have been filed to quash the complaint in C.C.No.4098 of 2017 on the file of the II Metropolitan Magistrate Court, Egmore (Allikulam), Chennai. initiated by daughter-in-law as against mother-in-law and other in-laws.

2.The case of the complainant is that, on 08.07.2016, when the complainant was at her house, the 1st accused/mother-in-law called her through mobile and to her shock and dismay, the 1st

accused/mother-in-law scolded and abused the complainant, disregarding her character. Thereafter, the 1st accused made the same allegations to the husband of the complainant. Not only stopping with that, the mother-in-law had spread false allegations about the complainant to other people also. Hence, the complainant has initiated proceedings against the accused for defamation.

3.Heard the learned counsel for the petitioners and also perused the entire materials available on record. 4.Mr.R.Singaravelan, learned Senior Counsel appearing for the respondent/complainant, submitted that the respondent/complainant has decided to withdraw the entire complaint pending on the file of the II Metropolitan Magistrate Court, Egmore (Allikulam), Chennai, in C.C.No.4098 of 2017 and has also sent an e-mail to that effect to the counsel on record. 5.The submission made by the learned Senior Counsel is recorded.

6.On a perusal of the complaint, the very allegations appear to be arising out of family disputes between the mother and son and the entire allegations are the offshoot of the earlier complaint lodged by the mother against the son. When the entire allegations, if taken on its face value, appear to have arisen out of the family issues, and when the learned Senior Counsel appearing for the respondent/complainant has also fairly submitted that he has advised the party to withdraw the complaint and the complainant has also agreed to the same, this Court is of the view that, no useful purpose will be served in continuing with the prosecution based on the complaint. 7.Recording the submissions of the learned Senior Counsel appearing for the respondent/complainant, these Criminal Original Petitions are closed. Consequently, connected Criminal Miscellaneous Petitions are also closed.

8.As agreed before this Court, the complaint in C.C.No.4098 of 2017 on the file of the II Metropolitan Magistrate Court, Egmore (Allikulam), Chennai, shall stand withdrawn. The petitioners shall produce a copy of this order before the trial Court for closing the complaint.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar

mkn/psa To The II Metropolitan Magistrate, Egmore (Allikulam), Chennai.

+2ccs to Mr.A.V.Radhakrishnan, Advocate, S.R.No.63408,63409 +2ccs to M/s.Sadam Hussain, Advocate, S.R.No.63156,63157 Crl. O.P. Nos. 17167 & 17168 of 2017 MG[co] NSK 06/01/2022