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Madras High CourtCRL OP/2860/2017dismissed as infructuous

Nivetha George, F/A 25yrs, v. State Rep By

2021-08-03Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.08.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Crl.O.P.No.2860 of 2017 and Crl.M.P.No.2032 of 2016

1. Nivetha George

2. George Thomas

...Petitioners/Accused

Vs.

1. State rep. By, the Inspector of Police, T-14, Manggadu Police Station, Chennai - 600 122 ...1st Respondent/Complainant

2. K.S.Antony Rajesh ...2nd Respondent/Defecto Complainant Criminal Original Petition is filed under Section 482 Cr.P.C., to pass orders quashing the proceedings pending before the learned Judicial Magistrate, Sriperumpudur and the order dated 30.03.2016 in C.M.P.No.2031 of 2015.

For Petitioner : Mr.P.B.Suresh Babu For Respondents : Mr.E.Raj Thilak Government Advocate (Crl.Side) for R1 Mr.S.Rajasekaran for Mr.R.Ganesh Kumar for R2

O R D E R

The present Criminal Original Petition is filed under Section 482 Cr.P.C., to pass orders quashing the proceedings pending before the learned Judicial Magistrate, Sriperumpudur and the order dated 30.03.2016 in C.M.P.No.2031 of 2015.

2. Heard the learned counsel on either side and perused the documents placed on record.

3. When the petition is taken up for hearing, the learned counsel for the 2nd respondent submitted that earlier, based on a compromise arrived at between the 2nd respondent and the 1st https://hcservices.ecourts.gov.in/hcservices/

petitioner, who are husband and wife, the proceedings in C.C.Nos.119 and 221 of 2016 were quashed and in the light of the same, the petitions, viz., in Crl.O.P.No.6163 and 6165 of 2017 respectively seeking to quash the said proceedings were also quashed on 27.03.2017. Hence he pleaded that in view of the same, th e present petition shall also be quashed. Recording the submission of the learned counsel for the 2nd respondent and taking note of the fact that already the proceedings in C.C.Nos.119 and 221 of 2016 were quashed based on a compromise arrived at between the parties, the present Criminal Original Petition, seeking to quash the proceedings and the order dated 30.03.2016 in M.P.No.2031 of 2015, [which is a interlocutory application to the quashed proceedings] is dismissed as infructuous. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd To

1. The Judicial Magistrate, Sriperumpudur

2. The Inspector of Police, T-14, Manggadu Police Station, Chennai - 600 122

3. The Public Prosecutor, High Court, Madras Crl.O.P.No.2860 of 2017 and Crl.M.P.Nos.2032 and 2033 of 2016 VBM(CO) RGA(27/08/2021) https://hcservices.ecourts.gov.in/hcservices/