P. Ruby Chellathai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.10.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.24608 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 1.P.Ruby Chellathai 2.Packirisamy 3.Indu Nesan .. Petitioners/Accused Nos.2,3 and 4 -Vs1. State represented by The Inspector of Police, All Women Police Station, Tirunelveli Rural, Tirunelveli District.

(Crime No.13 of 2012) ... 1st Respondent/Complainant

2. Annakili ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records pertaining to the case in C.C.No.315 of 2015 pending before the learned Judicial Magistrate No.V, Tirunelveli and quash the same. For Petitioners : Mr.P.Krishnasamy For Respondents : Mr.P.Kannithevan Govt. Advocate (Crl.Side) for R.1 : Mr.J.Selvam for R.2

O R D E R

This petition has been filed to call for the records pertaining to the case in C.C.No.315 of 2015 pending before the learned Judicial Magistrate No.V, Tirunelveli and quash the same.

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 Cr.No.13 of 2012 for offences under Sections https://hcservices.ecourts.gov.in/hcservices/

498(A), 294(b), 506(i) I.P.C. r/w Section 4 of Tamil Nadu Prohibition of Dowry Act on the file of the first respondent. The case is now pending before the Judicial Magistrate No.V, Tirunelveli in C.C.No.315 of 2015. The said proceedings are challenged before this Court.

4. When the matter was called today, both 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 also filed a joint compromise memo dated 20.10.2016 duly signed by both parties and counter signed by their respective Counsel. The learned Counsel for the second respondent also has not objection to quash the proceedings in C.C.No. 315 of 2015.

5. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

6. In view of that, the impugned proceedings in C.C.No.315 of 2015 pending on the learned Judicial Magistrate No.V, Tirunelveli is hereby quashed and the Criminal Original Petition is allowed. The compromise memo dated 20.10.2016 shall form part of the order. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To:

1. The Judicial Magistrate No.V, Tirunelveli.

2. The Inspector of Police, All Women Police Station, Tirunelveli Rural, Tirunelveli District.

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

+ 1 CC TO Mr.S.SUNDARA PANDIAN, ADVOCATE IN SR No. 62986 SSL TE/KM : 09/11/2016 : 2P/5C Crl.O.P.(MD) No.24608 of 2015 and M.P.(MD)Nos.1 and 2 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 20.10.2016