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Madras High CourtCRL OP(MD)/8224/2021dismissed as infructuous

D.Palanimurugan v. The Commissioner Of Police

2021-10-07Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD).No.8224 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2021

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.8224 of 2021 Palanimurugan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, South All Women Police Station, Madurai City.

3.Vigneshwari ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondent not to harass the petitioner under the guise of the enquiry based upon the 3rd respondent complaint.

For Petitioner : No Appearance For R1 & R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R3 : Mrs.A.S.Rajeswari

ORDER

(This petition is heard through video conference) This petition has been filed seeking direction to the respondent not to harass the petitioner under the guise of the enquiry based upon the 3rd respondent complaint. 2.Finding that it is a matrimonial dispute, the matter was referred to the Mediation Centre. But it could not be settled before the Mediation Centre. Mediation Report was not filed. 3.No representation for the petitioner. The learned counsel for the third respondent is present and submitted that the third respondent along with her two children are living in distress https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.8224 of 2021 condition. So maintenance amount may be ordered. But this request is beyond the scope of this Court.

4.The learned Additional Public Prosecutor submits that the based upon the complaint given by the third respondent to the effect that the petitioner forcibly took away the children, enquiry was undertaken and during the course of enquiry, it was found that the children were handed over to the third respondent. So the complaint was closed on 15.06.2021.

5.Since the complaint given by the third respondent has been closed and the Mediation between the parties could not be succeed, I find no substance in this petition. Hence, the prayer sought for in this petition has become infructuous. However, the third respondent may workout her remedy through proper proceedings. 6.With the above directions, this petition is dismissed as infructuous.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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 Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, South All Women Police Station, Madurai City, Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.8224 of 2021 07.10.2021 RD(28.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2