Manian @ Maniyan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2025
CORAM:
THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and Crl.M.P.Nos.19281, 19282 of 2022, 10420 & 10422 of 2023 1.
Manian @ Maniyan 2.
Thangeshwari 3.
Thirumoorthy ... Petitioner in Crl.O.P.No.31520 of 2022 Sivaguru ... Petitioner in Crl.O.P.No.16375 of 2023 Vs.
1.
The State represented by, The Inspector of Police, All Women Police Station, Erode, Erode District.
(Crime No.41 of 2018) 2.
Aruldevi ... Respondents in both Crl.O.Ps.
Common Prayer : Criminal Original Petitions are filed under Section 482 of Cr.P.C/528 of BNSS, to call for the records and quash the charge sheet in C.C.No.553 of 2022 on the file of the Judicial Magistrate, Additional Mahila Court, Erode, Crime No.41 of 2018, on the file of the first respondent Police and quash the same.
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In both Crl.O.Ps., For Petitioners :
Mr.C.S.Saravanan For R1 :
Mr.K.M.D.Muhilan Additional Public Prosecutor For R2 :
Mr.S.Bharanidharan COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the charge sheet filed against the petitioners in C.C.No.553 of 2022, on the file of the learned Judicial Magistrate, Additional Mahila Court, Erode. 2.
Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the de facto complainant/R2 and the learned Additional Public Prosecutor appearing for the first respondent and perused the materials available on record.
3.
Based on the complaint given by the de facto complainant/R2, a case in Crime No.41 of 2018 was registered on the file of the first respondent Police against the accused for the offences under Sections 498(A) and 506(i) of IPC.
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4.
The learned counsel appearing on either side submitted that the petitioner in Crl.O.P.No.16375 of 2023 and the de facto complainant have obtained a decree of divorce and the de facto complainant is not willing to pursue the matter any further against the petitioners. Hence, they prayed to quash the proceedings pending against the petitioners. 5.
The petitioners appeared before this Court in person and the defacto complainant/R2 appeared before this Court through virtual mode. They were identified by their respective counsel as well as by Ms.A.Kalaiezhil, W Gr-I. 640, All Women Police Station, Erode. 6.
On being enquired by this Court, the de facto complainant/R2 stated that she obtained a divorce from the first accused and that she is not willing to pursue the criminal proceedings any further against the petitioners.
7.
Considering the facts and circumstance of the case, this Court is of the view that the dispute arises out of a matrimonial issue and now the de facto complainant and the first accused have been separated by divorce, no 3/6
useful purpose would be served by continuing the criminal proceedings. Further, quashing the proceedings will not affect any overriding public interest in this case.
8.
In view of the above, this Court is inclined to quash the proceedings in C.C.No.553 of 2022, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Erode, as against the petitioners in exercise of its jurisdiction under Section 482 of Cr.P.C. 9.
Accordingly, these Criminal Original Petitions are allowed. The proceedings in C.C.No.553 of 2022, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Erode, is quashed as against the petitioners. Consequently, the connected miscellaneous petitions are closed.
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To
1. The Judicial Magistrate, Additional Mahila Court, Erode.
2. The Inspector of Police, All Women Police Station, Erode, Erode District.
3. The Public Prosecutor, High Court of Madras.
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N. SATHISH KUMAR , J.
ham and Crl.M.P.Nos.19281, 19282 of 2022, 10420 & 10422 of 2023 13.10.2025 6/6