Madras High CourtCRL OP(MD)/15231/2021allowed

Lakshman v. The Sub Inspector Of Police

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

Crl.O.P.(MD)No.15231 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.15231 of 2021

1. Lakshman

2. Selvaraj

3. Sakunthala ... Petitioners / Accused Nos.1 to 3 Vs.

1.The Sub Inspector of Police, All Women police station, Tallakulam, Madurai City.

(Crime No.49 of 2019) ... Respondent / Complainant

2. Sindhu Kanmani ... Respondent /Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records relating to C.C.No.575 of 2020 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai and quash the same as illegal.

For Petitioners : Mr.S.Thirupathy For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 : S.Manikandan * * *

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.575 of 2020 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai.

3. The defacto complainant is the second respondent herein. The defacto complainant Sindhu Kanmani is present in person before this Court. She has been duly identified by Ms.B.Sindhu, WHC-2752, attached to All Women police station, Thallakulam. It is a matrimonial complaint. The parties have filed a compromise memo also. The defacto complainant states before this Court that she has no objection for quashing the impugned proceedings. Since the defacto complainant does not want to pursue the impugned prosecution, no purpose will be served in keeping the impugned proceedings alive.

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Crl.O.P.(MD)No.15231 of 2021

4. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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.

ENCL: Xerox Copy of Compromise Memo To:

1.The Judicial Magistrate, Additional Mahila Court, Madurai.

2.The Sub Inspector of Police, All Women police station, Tallakulam, Madurai City.

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

+1 CC to M/s.S.THIRUPATHY, Advocate (SR-34222[F] dated 12/11/2021) Crl.O.P.(MD)No.15231 of 2021 11.11.2021 PK(CO) GC/NS(23.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2