Madras High CourtCRL OP(MD)/14172/2015allowed

S.M. Palaniappan v. The Inspector Of Police

2019-10-30Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD). No.14172 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD). No.14172 of 2015 and MP.(MD)Nos.1 and 2 of 2015 1.SM.Palaniappan 2.PL.Somasundaram 3.Sm.Lalitha 4.Sm.Theivanai ... Petitioners/Accused No. 1 to 4 Vs 1.The Inspector of Police, All Women Police Station, Pudukkottai District. ... 1st Respondent/Complainant 2.Vijayashanthi ...2nd Respondent/De-facto complainant Prayer:Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in C.C.No.127 of 2014, on the file of the learned Judicial Magistrate, Pudukkottai and quash the same in so far as the petitioners.

For Petitioners : Mr.S.Karthikeyan For Respondents : Mr.A.Robinson Government Advocate (Crl. side) (for R-1) Mr.D.Rameshkumar (for R-2)

ORDER

The petitioners herein are facing trial in C.C.No.127 of 2014, on the file of the learned Judicial Magistrate, Pudukkottai. The second respondent is the de-facto complainant. The first and second petitioners were husband and wife respectively originally. Their marital relationship was dissolved and the second respondent herein has got re-married. In the said circumstances, the second respondent through her counsel informs the Court that she is no longer interested in pursuing the matter. Therefore, the continuance of the impugned prosecution can only be characterized an https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD). No.14172 of 2015 abuse of legal process. Therefore, the impugned prosecution stands quashed. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) sji To

1. The Judicial Magistrate, Pudukkottai.

2.The Inspector of Police, All Women Police Station, Pudukkottai District.

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

+1 cc Mr. D.RAMESHKUMAR ,Advocate, SR.No. 95390 Crl.O.P(MD). No.14172 of 2015 30.10.2019 KK/SAR/17.12.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2