Madras High CourtCRL OP(MD)/2587/2019dismissed for default

G.Parthasarathy v. The Superintendent Of Police,

2021-07-20Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.2587of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.2587 of 2019 G.Parthasarathy ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, All Women Police Station, Dindigul.

3.Thivya Shri ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent herein not to harass the petitioner in name of enquiry in the matter of family disputes in nature and without due process of law.

For Petitioner : No appearance For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor For R3 : Mr.T.Lajapathi Roy

O R D E R

This petition has been filed seeking a direction to the official respondents not to harass the petitioner under the guise of enquiry in the matter of family disputes without due process of law.

2. On earlier occasion, when the matter was taken up for hearing, on finding that it is a matrimonial dispute the matter has been referred to mediation and conciliation centre and mediation has been conducted and the parties entered into an agreement and a report has also been sent to this Court. The said agreement shows that the petitioner undertook to join with the third respondent/wife. Thereafter, according to the learned counsel for the third respondent, the petitioner failed to take any steps to join with the petitioner and he even failed to appear before this https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2587of 2019 court in spite of repeated adjournments. On earlier hearing, there was no representation and even today also, there is no representation for the petitioner.

3. The learned Additional Public Prosecutor submits that based upon the complaint given by the third respondent a case in Crime No.839 of 2020 was registered against the petitioner and 3 others for the offences punishable under Sections 120B, 294(b), 323, 441 and 498(A and 506(i) IPC and Section 4 of Dowry Prohibition Act,1981.

4. Considering the fact that a case has been registered against the petitioner and 3 others, the question of harassment does not and will not arise. Further, there is no representation for the petitioner. Hence, this petition is dismissed for default. Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, All Women Police Station, Dindigul.

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

Crl.O.P.(MD)No.2587 of 2019 20.07.2021 MGJ(30.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2