Madras High CourtCRL OP(MD)/23698/2014disposed of

Suresh v. The Inspector Of Police

2015-01-23Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2015

CORAM:

THE HONOURABLE MR. JUSTICE C.T. SELVAM CRL.O.P.No.23698 of 2014 1.Suresh 2.Parama Thevar 3.Thangamani 4.Eswari 5.Ramya 6.Sudha 7.Chellathurai .. Petitioners/A1 to A7 Vs.

1. The State rep.by the Inspector of Police, All Women Police Station, Usilampatti, Madurai District (Crime No.30/2013) ..1st Respondent/Complainant

2. S.Mahalakshmi .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to C.C.No..87/2014 on the file of the learned Judicial Magistrate No.1, Usilampatti, Madurai District and quash the same and pass such other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioners :

Mr.P.Murugapandi For Respondent 1 :

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

Mr.P.Balakrishnan

O R D E R

The petition has been filed to call for the records pertaining to C.C.No.87/2014 on the file of the learned Judicial Magistrate No.1, Usilampatti, Madurai District and quash the same.

2. The case in C.C.No.87 of 2014 arises out of a matrimonial dispute. Presently, the petitioners/accused and the second respondent/defacto complainant have entered into a compromise towards maintenance of peace and harmony. A compromise memo signed https://hcservices.ecourts.gov.in/hcservices/

by the petitioners and the defacto complainant as also by respective counsel is produced and the same is recorded. 3.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.

4.Accordingly, the proceedings in C.C.No.87 of 2014 on the file of the learned Judicial Magistrate No.1, Usilampatti, Madurai District, shall stand quashed.

Sd/- Assistant Registrar(T & P) /True Copy/ Sub-Assistant Registrar To 1.The Judicial Magistrate No.I, Usilampatti, 2.The Inspector of Police, All Women Police Station, Usilampatti.

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

CRL.O.P.No.23698 of 2014 23.01.2015 ses msm 12.02.2015 p2/4c https://hcservices.ecourts.gov.in/hcservices/