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Madras High CourtCRL OP(MD)/5721/2020dismissed

Anandababu v. The Superintendent Of Police

2020-06-19Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P.(MD)No.5721 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.5721 of 2020 1.Anandababu 2.Marimuthu 3.Latha

...Petitioners

Vs 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The State rep. by The Inspector of Police, All Women Police Station, Thiruvadanai, Ramanathapuram District.

3.Muthupandiammal

...Respondents

PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to harass the petitioners and their family members.

For Petitioners : Mr.P.R.Boomee Rajan For R1 & R2 : Mr.K.K.Ramakrishnan Additional Public Prosecutor For R3 : Mr.Ramanathan

ORDER

This petition has been filed seeking a direction to the second respondent not to harass the petitioners and their family members.

2.The learned Additional Public Prosecutor, on instructions, submits that in this matter, a petition enquiry was conducted on the file of the second respondent police in C.S.R.No.91 of 2020 and in this regard, the petitioners have been summoned by the respondent Police for an enquiry for a matrimonial dispute. Though the petitioners undertook to appear for enquiry, they did not appear before the respondent police and approached this Court by way of this petition. Since this petition has been entertained by this Court and an interim order of not to harass the petitioners was ordered on 12.06.2020, it is represented that the petition enquiry has not been proceeded with.

3.Mr.Ramanathan, learned counsel appearing for the third respondent, in the earlier occasion, submitted that the petitioners are not co-operating with the enquiry. Now, he further submits that the first petitioner, by giving a false promise that he would marry https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5721 of 2020 her, cheated the third respondent and the third respondent is also having a child.

4.Since both the counsels appearing for the petitioners as well as the third respondent expressed their willingness to mediate the respective parties to arrive at an amicable settlement between them, an interim direction was granted on 12.06.2020 and the matter was adjourned to 19.06.2020 (today).

5.The learned counsel appearing for the third respondent also submits that though he called for the petitioners' counsel to advise his client suitably, the first petitioner himself neither cooperated for the enquiry nor expressed his inability to negotiate the matter.

6.In view of the specific stand taken by the respective counsel and the learned Additional Public Prosecutor that even before the respondent police, the petitioners did not turn up and approached this Court by way of filing this petition, this Court is not inclined to entertain this petition. Accordingly, this Criminal Original Petition is dismissed. It is open to the respondent police to proceed with the investigation in the manner known to law. Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) rmi/vs To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, All Women Police Station, Thiruvadanai, Ramanathapuram District.

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

Crl.O.P(MD)No.5721 of 2020 19.06.2020 KB(24.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2