Madras High CourtCRL OP(MD)/10480/2021allowed

Aswinraj v. The Inspector Of Police

2023-06-01Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2023

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.O.P.(MD) No.10480 of 2021 and Crl.M.P.(MD)No.5347 of 2021 1.Aswinraj 2.Selvaraj 3.Gandhimathi 4.Elakkiya ... Petitioners / Respondents 1 to 4 Vs.

1. The State rep. by The Inspector of Police, All Women Police Station, Karur. (Crime No.28 of 2020) ... 1st respondent / Complainant

2. Nivetha ... 2nd Respondent/ Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the proceedings in Crime No.28 of 2020, dated 12.12.2020, on the file of the first respondent police and to quash the same as against the petitioners. For Petitioners : Mr.S.Deenadhayalan For Respondents : Mr.M.Veerandiran Government Advocate (crl.side) for R1 : Mr.V.Nagarajan for R2 1/4

O RDER This petition is filed to quash the case in Crime No.28 of 2020, dated 12.12.2020, on the file of the first respondent police.

2. On the side of the petitioner, it is stated that this is a matrimonial dispute. A case in D.V.P. No.5 of 2021 was filed by the second respondent herein, before the file of the Judicial Magistrate / Additional Mahila Court, Karur. The petitioners herein have filed a petition in C.R.P.(MD)No.1770 of 2021 and this Court by order, dated 21.03.2022, referred the matter to Mediation. In pursuant to the Mediation, the matter was amicably settled between the parties, after getting permanent Alimony, the wife withdraw all the complaints and mutual consent, divorce was also granted and prayed the F.I.R in Crime No.28 of 2020 to be quashed.

3. On the side of the prosecution, it is stated that the private respondent / second respondent herein has failed to co-operate for the enquiry.

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4. The private respondent / defacto complainant appeared and she informed that the matter was amicably settled between the parties.

5. In view of the above submission, this Petition is allowed and the F.I.R in Crime No.28 of 2020, on the file of the first respondent is hereby quashed. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes/No 01.06.2023 Index : Yes/No Internet : Yes/No Ls To

1. The Inspector of Police, All Women Police Station, Karur.

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

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R.THARANI. J.

Ls 01.06.2023 4/4