Madras High CourtCRL OP(MD)/4262/2020allowed

Sahaya Charles v. The Inspector Of Police

2020-03-09Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO. 4262 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.4262 of 2020

1. Sahaya Charles

2. Maria Sironmani

3. Sahaya George Malarvizhi

4. Sahaya Josephin Mary ... Petitioners/Accused Nos.1 to 4 Vs.

1. The State of Tamil Nadu, Rep. by the Inspector of Police, All Women's police station, Kanyakumari, Kanyakumari District.

(Crime No.30 of 2013) ...1st Respondent/ Complainant

2. M.G.Rose Mary ...2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records and quash the charge sheet filed in C.C.No.486 of 2018 on the file of the Judicial Magistrate, Additional Mahila Court, Nagercoil, based on the compromise entered between the petitioners and the second respondent dated 13.02.2020. For Petitioners : Mr.C.K.M.Appaji For R-1 : Mr.A.Robinson, Government Advocate(Crl. Side).

For R-2 : Mr.S.Suresh

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.486 of 2018 on the file of the Judicial Magistrate, Additional Mahila Court, Nagercoil.

2. The petitioners are facing trial for the offences under Sections 498(A), 406 of I.P.C. and Sections 3,4 and 5 of Dowry Prohibition Act.

3. The defacto complainant Rose Mary is present in person before me. She has no objection for quashing the impugned proceedings. It appears that the marriage between the first https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO. 4262 OF 2020 petitioner Sahaya Charles and the defacto complainant has been dissolved by mutual consent. The parties have also entered into a settlement deed dated 15.04.2016.

4. Therefore, I am of the view that the impugned proceedings need not be kept alive any further. The proceedings in C.C.No.486 of 2018 on the file of the Judicial Magistrate, Additional Mahila Court, Nagercoil, stand quashed. The criminal original petition stands allowed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Judicial Magistrate, Additional Mahila Court, Nagercoil.

2. The Inspector of Police, All Women's police station, Kanyakumari, Kanyakumari District.

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

+1 CC to M/s.C.K.M.APPAJI, Advocate ( SR-10586[F] dated 09/03/2020 ) Crl.O.P.(MD)No.4262 of 2020 09.03.2020 AP(20/03/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2