Madras High CourtCRL OP(MD)/1568/2015allowed

Karthikeyan v. The Inspector Of Police

2015-01-29Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.(MD) No.1568 of 2015 1.Karthikeyan 2.Paramasivam 3.Rathinam 4.Muthulakshmi 5.Kalaiselvi 6.B.Sekar 7.Sonika .. Petitioners/Petitioner Vs.

1.The State, represented by Inspector of Police, All Women Police Station, Aruppukottai.

(Crime No.18/2014) 2.Sivasoundarya .. Respondents/Pallantiffs Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to C.C.No.307 of 2014 on the file of the Judicial Magistrate, ARuppukottai and quash the same as against the petitioners.

For Petitioners :

Mr.M.Karunanithi For Respondent 1 :

Mr.K.Anbarasan Government Advocate,(Crl. Side) For Respondent 2 :

Mr.D.Rameshkumar ******

O R D E R

The petition has been filed to call for the records relating to the final report filed in C.C.No.307 of 2014 on the file of the Judicial Magistrate, ARuppukottai and quash the same as against the petitioners. 2.On a complaint filed by the wife/2 nd respondent, the first respondent after investigation has filed charge sheet for offences under Sections 498(A), 406 IPC and 4 of Dowry Prohibition Act, 1961. Such case is now pending in C.C.No.307 of 2014 on the file of the learned Judicial Magistrate Aruppukottai.

3.A memo of compromise signed by the 2 nd respondent/de-facto complainant and the petitioners as also the respective counsels informs that an amicable settlement of the dispute.

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4.Considering the circumstances and the decision of the Honourable Apex Court in B.S.Joshi and others Vs. State of Haryana and another AIR 2003 SCC 1386 wherein it is held that it is the duty of the Court to encourage genuine settlement of matrimonial disputes, this Court allows this petition.

5.Accordingly, the proceedings in C.C.No.307 of 2014 on the file of the Judicial Magistrate, Aruppukottai, shall stand quashed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar(C.S) To 1.The Judicial Magistrate, Aruppukottai 2.The Inspector of Police, All Women Police Station, Aruppukottai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.M.KARUNANITHI, ADVOCATE SR SR NO.4659 rg/30.01.2015/2P-5C CRL.O.P.(MD) No.1568 of 2015 29.01.2015 https://hcservices.ecourts.gov.in/hcservices/