Madras High CourtCRL OP(MD)/14082/2014allowed

Valli v. The Inspector Of Police

2016-10-03Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2016

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P(MD)Nos.14082, 22619 of 2014 & 18463 of 2016 and M.P(MD)Nos.1, 1, 2 & 2 of 2014 1.Crl.O.P(MD)No.14082 of 2014:- 1.Valli 2.Ganesan ... Petitioners/Accused Nos.4 & 5 -Vs1.The State rep. by The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

(Crime No.32 of 2012) ... 1st Respondent/Complainant 2.Thanga Prema ... 2nd Respondent/Defacto Complainant 2.Crl.O.P(MD)No.22619 of 2014:- 1.Sankaralingam 2.Deivanai 3.Thangapponnu ... Petitioners/Accused Nos.2, 3 & 6 -Vs1.State of Tamil Nadu, The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

(Crime No.32 of 2012) ... 1st Respondent/Complainant 2.Thanga Prema ... 2nd Respondent/Defacto Complainant 3.Crl.O.P(MD)No.18463 of 2016:- Arunachalam ... Petitioner/Accused No.1 -Vs-

1.State of Tamil Nadu, The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

(Crime No.32 of 2012) ... 1st Respondent/Complainant 2.Thanga Prema ... 2nd Respondent/Defacto Complainant Common Prayer : Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure to call for the entire records in C.C.No.47 of 2014 on the file of the learned Additional Mahila Judge, Tirunelveli and quash the same as far as these petitioners are concerned.

For Petitioners : Mr.R.J.Karthick (in all Crl.O.P's) For R - 1 : Mr.K.Anbarasan (in all Crl.O.P's) Govt. Advocate (Crl.Side) For R - 2 : Mr.S.Senthil Sankaranathakumar (in all Crl.O.P's) COMMON ORDER These petitions have been filed to call for the records in C.C.No.47 of 2014 on the file of the learned Additional Mahila Judge, Tirunelveli and quash the same as far as these petitioners are concerned.

2.Heard the learned counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3.Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in Crime No.32 of 2012 for offences under Sections 498(A), 406, 294(b) and 506(i) IPC and Section 4 of Women Harassment Act, on the file of the first respondent and the same has been taken on file in C.C.No.47 of 2014 before the learned Additional Mahila Judge, Tirunelveli.

4.The learned counsel for the petitioners would submit that the petitioner/first accused in Crl.O.P(MD)No.18463 of 2016 is the husband of the second respondent/defacto complainant and the petitioners/Accused Nos.2, 3 & 6 in Crl.O.P(MD)No.22619 of 2014 are the in-laws of the second respondent and the petitioner/Accused No.4 in Crl.O.P(MD)No.14082 of 2014 is the inlaw of the second respondent and the petitioner/Accused No.5 in Crl.O.P(MD)No.14082 of 2014 is the husband of the fourth respondent and the entire dispute between the petitioners and the second respondent is settled amicably out of the Court at the instance of the elder members of their family.

5.The learned counsel for the petitioners would further submit that the petitioner in Crl.O.P(MD)No.18463 of 2016 has filed a petition in H.M.O.P(MD)No.343 of 2013 to dissolve the marriage and the second respondent has no objection for allowing H.M.O.P(MD)No.343 of 2013 and she agrees to compound the case pending in C.C.No.47 of 2014 on the file of the learned Additional Mahila Judge, Tirunelveli District and expresses her no objection to quash the above case as against all the accused persons. 6.When the matter is called today, the petitioners as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They would also further submit that accused Nos.2 and 3 are ready to donate Rs.20,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.

Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 and in view of the statements made by the parties, no fruitful purpose will be achieved to proceed further in this matter.

7.In view of that, C.C.No.47 of 2014 pending on the file of the learned Additional Mahila Judge, Tirunelveli is hereby quashed and the Criminal Original Petitions are allowed. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Additional Mahila Judge, Tirunelveli. 2.The Officer-in-Charge, Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12,Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 3.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +2 ccs to Mr.R.J.Karthick, Advocate, SR.No.58134 +One cc to Mr.M.Senthil Sankaranatha Kumar, Advocate,SR.No.58126 ps RL/8C/4P/SKS/RR/21.10.2016 Crl.O.P(MD)Nos.14082, 22619 of 2014 & 18463 of 2016 and M.P(MD)Nos.1, 1, 2 & 2 of 2014 03.10.2016