Madras High CourtCRL OP(MD)/4222/2020allowed

Suresh Kanna v. The Sub Inspector Of Police

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

1 CRL.O.P.(MD)NO.4222 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.4222 of 2020

1. Suresh Kanna

2. Meenambal

3. Ramachandran

4. Sureka

5. Prabhakaran

6. Alagar

7. Nallaiah ... Petitioners/ Accused Nos.1 to 7 Vs.

1. The State rep. by its, The Sub Inspector of Police, AWPS-Karaikudi, Sivagangai District.

(Crime No.1 of 2018) ... 1st Respondent/ Complainant

2. Viji ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the impugned charge sheet in C.C.No.225 of 2018 on the file of the learned Principal District Munsif-cum-Judicial Magistrate, Karaikudi and to quash the same.

For Petitioners : Mr.M.S.Jeyakarthick For R-1 : Mr.A.Robinson, Government Advocate(Crl. Side).

For R-2 : Mr.T.Karthikeyan

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.225 of 2018 on the file of the Principal District Munsif - cum - Judicial Magistrate, Karaikudi.

2. The petitioners are facing trial for the offences under Sections 498(A), 406 and 506(ii) of I.P.C. The second respondent Viji is the wife of the first petitioner Suresh Kanna. It appears that the parties have decided to dissolve the marriage by mutual https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.4222 OF 2020 consent. The defacto complainant has received a sum of Rs.7,00,000/- by way of demand draft. A copy of the demand draft has also been submitted to the Court. The defacto complainant has no objection for quashing the impugned proceedings.

3. Since the parties have amicably resolved the issue, the proceedings in C.C.No.225 of 2018 on the file of the Principal District Munsif - cum - Judicial Magistrate, Karaikudi, stand quashed. The criminal original petition stands allowed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Principal District Munsif-cum-Judicial Magistrate, Karaikudi.

2. The Sub Inspector of Police, AWPS-Karaikudi, Sivagangai District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-10683[F] dated 09/03/2020 ) Crl.O.P.(MD)No.4222 of 2020 09.03.2020 AP(20/03/2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2