Madras High CourtCRL OP(MD)/18740/2016allowed

Nagappan v. Abirami Nachammai

2020-10-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.OP(MD)No.18740 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2020 CORAM :

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)Nos. 18740, 18741 and 21636 of 2016 and Crl.MP(MD)Nos.9366, 9368, 11119 & 11120 of 2016 1.Nagappan 2.Natarajan 3.Umayal 4.Sathammai ... Petitioners/Accused Nos.1 to 4 (In all Petitions) Vs.

Abirami Nachammai ... Respondent/Complainant in Crl.OP(MD)No.18740 of 2016 ... 2nd Respondent/Defacto complainant in Crl.OP(MD)No.18741 of 2016 ... Respondent/Complainant in Crl.OP(MD)No.21636 of 2016 The Inspector of Police, All Women Police Station, Dindigul District.

(Crime No.61 of 2014) ... 1st Respondent/Complainant in Crl.OP(MD)No.18741 of 2016 Common Prayer: Criminal Original Petitions filed under section 482 of Criminal Procedure Code, to quash the Crl.M.P.No.4750 of 2014, C.C.No.145 of 2015 and C.C.No.390 of 2015 on the file of the Judicial Magistrate No.II, Dindigul.

For Petitioners : Mr.V.Ilanchezian (In all Petitions) For Respondent in Crl OP(MD)18740 & 21636 of 2016 and 2nd Respondent in Crl OP(MD)18741 of 2016 : No Appearance For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) For R1 (in Crl.OP(MD)No.18741 of 2016 ) COMMON ORDER These Criminal Original Petitions have been filed to quash the Crl.M.P.No.4750 of 2014, C.C.No.145 of 2015 and C.C.No.390 of 2015 on the file of the Judicial Magistrate No.II, Dindigul.

2. Heard, Mr.V.Ilanchezian, learned counsel appearing for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl.Side) appearing for the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.18740 of 2016

3. The learned counsel appearing for the petitioners would submit that the matrimonial dispute between the first petitioner and the respondent/defacto complainant has already been settled in O.P.No.901 of 2016 before the Family Court, Chennai. In which, the respondent/defacto complainant undertakes to withdraw all the crime proceedings pending as against the petitioners.

4. The learned Government Advocate (Crl.Side) would submit that already the matter has been settled between the petitioners and the respondent/defacto complainant herein.

5. Considering the above submission, the proceedings in Crl.M.P.No.4750 of 2014, C.C.No.145 of 2015 and C.C.No.390 of 2015 on the file of the learned Judicial Magistrate, No.II, Dindigul, concerned are hereby set aside and these Criminal Original Petitions are allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) dss 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 Judicial Magistrate, No.II, Dindigul.

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

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

+1 CC to Mr.V. ILLANCHEZIAN, Advocate(SR-19547[F] dated 09/10/2020 ) Crl.O.P.(MD)Nos. 18740, 18741 and 21636 of 2016 and Crl.MP(MD)Nos.9366, 9368, 11119 & 11120 of 2016 08.10.2020 VB (19.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2