Madras High CourtCRL OP(MD)/17803/2016allowed

Ramaiah v. Nikisha

2016-09-20Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.17803 of 2016 1.Ramaiah 2.Dhanabala Krishnan 3.Vanmathi 4.Paritha 5.S.Krishna ... Petitioners -vsNikisha ... Respondent Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records and quash the proceedings in M.C.No.14 of 2014, on the file of the learned Judicial Magistrate No.II, Thoothukudi.

For Petitioners : Mr.P.Krishnan For Respondent : Mr.C.Manivannan

O R D E R

This petition has been filed seeking to quash the proceedings in M.C.No.14 of 2014, on the file of the learned Judicial Magistrate No.II, Thoothukudi.

2. It is seen that a case has been filed against the petitioners in M.C.No.14 of 2014 under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

3. The first petitioner, who is the son of the 2nd and 3rd petitioners and brother of 4th and 5th petitioners, married the respondent on 10.10.2012, without the consent of their respective families. Subsequent to their marriage, they lived in chennai and at that time the fist petitioner left to Thoothukudi to see the other petitioners and did not return to the matrimonial home, when it was questioned by the respondent and her parents the petitioners threatened them and demanded dowry.

4. When the matter is taken up for hearing, the petitioners and the respondent, appeared in person and their identifications were also verified by this Court, in addition to the confirmation https://hcservices.ecourts.gov.in/hcservices/

of the identity of the parties by the learned Government Advocate (Crl.Side) through the respondent police.

5. Learned counsel appearing for the respondent would submit that the matter is now compromised out of the court.

6. Further, both parties filed an affidavit and memo, dated 20.09.2016 duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, she has no objection to withdraw the case in M.C.No.14 of 2014, on the file of the learned Judicial Magistrate No.II, Thoothukudi.

7. Hence, in view of affidavit and memo dated 20.09.2016, this Court is of the opinion that it can safely be said that no useful purpose would be served in keeping the matter pending.

8. Accordingly, this Criminal Original Petition is allowed and the entire proceedings in M.C.No.14 of 2014, on the file of the learned Judicial Magistrate No.II, Thoothukudi, is hereby quashed. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.II, Thoothukudi. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.P.Krishnan, Advocate in SR.No.53825/16 PJL CSL/DB/06.10.2016: 2P/4C Crl.O.P.(MD)No.17803 of 2016 20.09.2016 https://hcservices.ecourts.gov.in/hcservices/