Madras High CourtCRL OP(MD)/10200/2021allowed

Arun Prabhu v. The Inspector Of Police

2021-11-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)No.10200 of 2021 and Crl MP(MD)No.5220 of 2021 1.Arun Prabhu 2.Pitchai 3.Pasammal 4.Aathiya Balaji ... Petitioners vs.

1.State, rep.by The Inspector of Police, All Women Police Station, Palani, Dindigul.

2.Priya

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of Cr.PC, to call for the records in Crime No.14 of 2021 on the file of the first respondent police and quash the FIR against the petitioners.

For Petitioner : Mr.I.Infant Dinesh For R1 : Mr.T.Senthilkumar, Additional Public Prosecutor For R2 : Mr.D.Venkatesh

ORDER

This criminal original petition has been filed for quashing the FIR in Crime No.14 of 2021 on the file of the first respondent. The first petitioner and the second respondent herein got married to each other on 12.12.2018. The relationship between the parties had broken down irretrievably. The parties agreed to go their separate ways. Since the first petitioner has agreed to sail with the second respondent for obtaining divorce by mutual consent, the second respondent has given her no objection for quashing the impugned FIR. The second respondent herein had also filed an affidavit before this Court in this regard.

2.In view of the stand taken by the second respondent before this Court, the impugned FIR is quashed. This criminal original petition is allowed.

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

3.At this stage, the learned counsel for the second respondent submitted that HMOP No.806 of 2021 was filed on 25.08.2021 and that it is posted for disposal on 28.02.2022. The second respondent filed a petition for advancing the said hearing date. It appears that the said petition was dismissed on 15.11.2021. The second respondent is said to have overseas opportunities. Therefore, there is no need to wait till 28.02.2022. The Judge, Family Court, Madurai is requested to take this aspect in mind and give a disposal to HMOP No.806 of 2021 at the earliest. The first petitioner and the second respondent herein undertake to appear before the Family Court, Madurai and file a joint application for advancement of hearing. The learned Judge is requested to consider the same favorably and pass appropriate orders. Connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) skm To 1.The Judge, Family Court, Madurai.

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

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

+1 CC to M/s.D. VENKATESH, Advocate ( SR-35028[F] dated 18/11/2021 ) Crl OP(MD)No.10200 of 2021 and Crl MP(MD)No.5220 of 2021 16.11.2021 PK(CO) TR/SKN(22.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2