R. Poongavanam v. R. Umarani

Crl.O.P.(MD)No.3792 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 3792 of 2019 and Crl.M.P.(MD) Nos. 2228, 2229 & 7258 of 2018 R. Poongavanam ... Petitioner/R2 Vs R. Umarani ... Respondent/Petitioner Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the case in D.V. Case No. 94 of 2018 on the file of the Judicial Magistrate Cum Additional Mahila Court at Trichy and quash the same as against the petitioner. For Petitioners : Mr. P. Subbaraj For Respondent : Mr. K. Sivabalan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in D.V. Case No. 94 of 2018 on the file of the Judicial Magistrate Cum Additional Mahila Court at Trichy as against the petitioner.

2. The learned counsel appearing for the petitioner would submit that the allegation against the petitioner was that she was retaining the jewels of the respondent and based on the representation made by learned counsel for the both parties the matter was referred to Mediation and during mediation proceedings the petitioner was handed over jewels which where in her custody. Thereby the parties have settled the matter between them and the resolution also agree to give her no objection for quashing of the proceedings in respect of the petitioner.

3. The learned counsel appearing for the respondent would submit that she has no objection to quash the proceedings in D.V.Case No.94 of 2018 pending on the file of the Judicial Magistrate Cum Additional Mahila Court, Trichy as against the petitioner alone. The statement is recorded.

4. Recording the aforesaid submission made by the learned counsel appearing for the respondent, the proceedings in D.V.Case No.94 of 2018 pending on the file of the Judicial Magistrate Cum Additional Mahila Court, Trichy is quashed in so far as the petitioner is concerned. The learned Judicial Magistrate Cum Additional Mahila Judge, Trichy is directed to proceed the case in D.V. Case No. 94 of 2018 in respect of the other accused in speedy manner and conclude the proceedings preferably, within a period of Four Months from the next hearing date.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3792 of 2019

5. Accordingly, the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Ksa To The Judicial Magistrate Cum Additional Mahila Court, Tiruchirappalli.

+1 CC to M/s.P.SUBBARAJ, Advocate ( SR-104077[F] dated 09/12/2019 ) Crl.O.P.(MD)No.3792 of 2019 06.12.2019 sma/02/01/2020/2p/3c https://hcservices.ecourts.gov.in/hcservices/ 2/2