Richard v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD)No.20212 of 2016 1.Richard 2.Rajamani Ravichandran 3.Selvamani 4.Latha 5.Arulraj ... Petitioners/A1 to A5 Vs 1.The State of Tamil Nadu, The Inspector of Police, All Women Police Station, Valliyoor, Tirunelveli District.

(Crime No.25 of 2015) ... 1st Respondent/Complainant 2.Wiselin ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.386 of 2016, on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District and quash the same. For Petitioner :

Mr.R.J.Karthick For Respondents :

Mr.P.Kannithevan Government Advocate (Crl.Side) for R1

O R D E R

This petition has been filed to call for the records relating to C.C.No.386 of 2016, on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District and quash the same.

2. Heard the learned Counsel for the petitioner, the learned Government Advocate (Crl. Side) appearing for the first respondent.

3.Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Crime No.25 of 2015 for the offences under Sections 498(A), 294(b), 406, 506(i) of IPC., and Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and the same was taken on file as C.C.No.386 of 2016 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District.

4.When the matter was called on 07.11.2016, both the petitioners as well as the second respondent are appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Crl. Side) through the respondent police and they categorically made a statement that the dispute between them have been settled amicably. They would also further submit that they are willing to donate Rs.35,000/- to the Government Girl's Higher Secondary School, Ulaganeri, Madurai.

5. In view of the above, this Court permitted the petitioner to pay Rs.35,000/- to the Government Girl's Higher Secondary School, Ulaganeri, Madurai and the appearance of the parties is dispensed with.

6. When the matter is taken up for hearing today, the cost memo has been filed by the learned counsel for the petitioner. In view of the statements made by the parties, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of the above, the Criminal Original Petition is allowed and the entire proceedings in Crime No.25 of 2015 for the offences under Sections 498(A), 294(b), 406, 506(i) of IPC., and Section 4 of Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act and the consequential proceedings in C.C.No.386 of 2016 on the file of the learned Judicial Magistrate Court, Valliyoor, Tirunelveli District, is quashed.

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar

To

1. The Judicial Magistrate Court, Valliyoor, Tirunelveli District.

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

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

+1cc to Mr.R.J.Karthick, Advocate, SR.No.69171 Crl.O.P.(MD) No.20212 of 2016 15.11.2016 PJL miy:15/12/2016:3p/5c