Madras High CourtCRL OP(MD)/13450/2021dismissed as infructuous

Kathiravan v. The Inspector Of Police

2021-10-21Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13450 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.13450 of 2021 1.Kathiravan 2.Vellaisamy 3.Renuka 4.Lakshmi ... Petitioners/Accused 1 to 4 Vs.

1.State rep. by The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

(Cr.No.54 of 2017) ... 1st Respondent/Complainant 2.Sivakami ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to FIR in Crime No.54 of 2017, dated 07.06.2017 on the file of the Inspector of Police, All Women Police Station, Thirumangalam, Madurai District and quash the same as against the petitioners. For Petitioners : Mr.P.Sengutuarasan For Respondents : Mr.R.M.Anbunithi for R1 Additional Public Prosecutor

ORDER

This petition has been filed seeking quashment of FIR in Crime NO.54 of 2017, dated 07.06.2017 on the file of the Inspector of Police, All Women Police Station, Thirumangalam, Madurai District. 2.Since it is a matrimonial dispute between the parties, for which a case in Crime No.54 of 2017 has been registered for the offences punishable under Sections 498A and 406 IPC on 14.09.2021. After the registration of the case during the course of investigation a compromise was reached between the parties. In pursuance of which, they are living together now. On that basis the second respondent gave a representation dated 14.08.2021 to close the investigation and refer the case.

3.The learned Additional Public Prosecutor submits that in view of the compromise reached between the husband and wife further action was dropped and report was also filed before the learned Judicial Magistrate, Thirumangalam, on 11.06.2020. Since there was a compromise between the parties and the matter has also been referred https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13450 of 2021 as further action dropped, the prayer sought for in this petition has become infructuous.

4.Accordingly, this criminal original petition is dismissed as infructuous.

Sd/- Assistant Registrar (Records) // 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 Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

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

Crl.O.P.(MD)No.13450 of 2021 21.10.2021 SE(CO) GC/UV(02.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2