Madras High CourtCRL OP(MD)/1257/2019dismissed as infructuous

Srinivasan, v. Ramya,

2022-01-19Honourable Mr Justice K.Murali Shankar2 pages

CRL.OP(MD)No.1257 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CRL.OP(MD)No.1257 of 2019 and Crl.M.P(MD) Nos.598 & 599 of 2019 Srinivasan ... Petitioner /Respondent -vs1. Ramya

2. Minor Rohith Srihari S/o. T.Srinivasan (2nd petitioner represented through his mother ie., 1st petitioner) ... Respondents/petitioners PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records in M.C.No.30 of 2018 pending on the file of the Hon'ble Family Court, Karur and quash the same. For Petitioner :

Mr.P.Ganapathi Subramanian For Respondents :

Mr.S.Gokul Raj

ORDER

This Criminal Original Petition has been filed seeking orders to call for the records in M.C.No.30 of 2018 pending on the file of the Family Court, Karur and quash the same.

2.When the matter is taken up for hearing today, the learned counsel for the respondents would submit that the parties have already entered into a settlement before the trial court and in pursuance of the same, the petitioner has issued a cheque for Rs.4,50,000/- as one time settlement and recording the same, M.C.No.30 of 2018 was ordered to be closed. He would further submit that the cheque was presented for collection but the same was returned for want of sufficient funds in the bank account of the accused.

3. The learned counsel for the petitioner would submit that he is not having any instruction with regard to the settlement or issuance of the cheque. Since the case in M.C.No.30 of 2018 is not pending as of now, nothing survives for further adjudication. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.OP(MD)No.1257 of 2019

4. Recording the above submission, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Criminal Miscellaneous Petitions are closed. Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judge, Family Court, Karur.

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-1753[F] dated 19/01/2022 ) CRL.OP(MD)No.1257 of 2019 and Crl.M.P(MD) Nos.598 & 599 of 2019 19.01.2022 RD/CK(07.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2