Madras High CourtCRL OP(MD)/12548/2019allowed

P. Iyyappan v. V.M. Rajeswari

2022-02-15Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)Nos.12548 & 13158 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.02.2022 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Crl.O.P.(MD)Nos.12548 & 13158 of 2019 and Crl.M.P(MD) Nos. 7821, 7822, 8080 & 8081 of 2019

1. P.Iyyappan

2. Devi

3. P.Vignesh .... Petitioners /Accused No.6 to 8 in Crl.O.P(MD) No. 12548 of 2019

1. Santhakumari

2. Pitchandi Pillai ... Petitioners/ Accused Nos.3 and 4 in Crl.O.P(MD) No.13158 of 2019 Vs.

V.M.Rajeswari .... Respondent/ Defacto Complainant (in both Crl.O.Ps) Common Prayer : Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the private complaint in C.C.No.51 of 2019 on the file of the learned Judicial Magistrate cum District Munsif Court, Boothapandi, Kanyakumari and quash the same.

For Petitioners : Mr.S.Prabha (in both Crl.O.Ps) For Respondent : Mr.Mr.M.Suri (in both Crl.O.Ps) COMMON ORDER These petitions have been filed seeking to quash the private complaint in C.C.No.51 of 2019 on the file of the learned Judicial Magistrate cum District Munsif Court, Boothapandi, Kanyakumari.

2. The learned counsel for the respondent would submit that a report has been filed by the counsel on record, who is appearing on behalf of the defacto complainant before the trial Court, it is stated that the defacto complainant was not pressing the case, vide Memo dated 20.01.2022.

3. A copy of the Memo has been filed before this Court along with the common typed set of papers.

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Crl.O.P.(MD)Nos.12548 & 13158 of 2019

4. In view of the Memo that has been filed by the learned counsel for respondent before the concerned Court, the learned counsel for the respondent herein, would submit that based on the above said memo, order has been passed by the Trial Court, since the respondent/defacto complainant was not interested to prosecute the matter.

5. In pursuance of the same, the proceedings against the petitioners is liable to be quashed.

6. Accordingly, the proceedings in C.C.No.51 of 2019 on the file of the learned Judicial Magistrate cum District Munsif Court, Boothapandi, Kanyakumari, is quashed and these Criminal Original Petitions stand allowed. Consequently, the connected Criminal Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi 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 The Judicial Magistrate cum District Munsif Court, Boothapandi, Kanyakumari Crl.O.P.(MD)Nos.12548 & 13158 of 2019 and Crl.M.P(MD) Nos. 7821, 7822, 8080 & 8081 of 2019 15.02.2022 SS(05.03.2022) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2