M.Muthukumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.28061 of 2018 1.M.Muthukumar 2.N.Muthukrishnan 3.M.Shanthi

...Petitioners/Accused 1 to 3

Versus

1.State rep By;

Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai.

(Crime No.31 of 2013) ..R1/Complaianant 2.K.S.Priyanka ...R2/Defacto Complaianant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in C.C.No.251 of 2015 pending on the file of the Judicial Magistrate Court, Tambaram, Chennai and quash the proceedings against the petitioners.

For Petitioners : Mr.M.Madhankumar For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed seeking to quash the proceedings in C.C.No.251 of 2015, pending on the file of the Judicial Magistrate Court, Tambaram, Chennai on the ground of compromise entered into between the parties.

2.The final report has been filed by the respondent Police for an offence under Section 498(a), 420, 506(ii) of I.P.C and Section 4 of the Tamilnadu Prohibition Women Harassment Act, 2002. During the course of the proceedings, the parties have arrived under the settlement. Today, the defactohttps://hcservices.ecourts.gov.in/hcservices/

complainant was present before this Court. She made a categorical statement before the Court that the issues have been amicably resolved between the parties. The defacto-complainant and the 1st petitioner have taken a decision to dissolve their marriage on the ground of mutual consent and an appropriate petition has already been filed before the family Court. Therefore, she would state that the proceedings itself can be closed. The 1st petitioner was also present before this Court. 3.In view of the above development, no useful purpose will be served by keeping the proceedings pending. It will be in the interest of both the parties not to keep these proceedings pending, since it will affect their future life. 4.In the result, the proceedings in C.C.No.251 of 2015, pending on the file of the Judicial Magistrate Court, Tambaram, Chennai is hereby quashed. Accordingly, this Criminal Original Petition is Allowed.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar vv2 To

1. The Judicial Magistrate Tambaram.

2. Do Thro The Chief Judicial Magistrate Chennai.

3.The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.M.Madhankumar, Advocate sr 82498. Crl.O.P.No.28061 of 2018 EV(CO) SP(11/12/2018) https://hcservices.ecourts.gov.in/hcservices/