Madras High CourtCRL OP(MD)/18713/2021allowed

Mohana Prasanth v. The Inspector Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.18713 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18713 of 2021

1. Mohana Prasanth

2. Parasuraman

3. Indrani

4. Nagarani @ Gunavathi

5. Pandi

6. Ramakrishnan

7. Panchavarnam ... Petitioners / Accused 1 to 7 Vs.

1. State rep. By, The Inspector of Police, All Women police station, Tirupparankundram, Madurai District.

(Crime No.10 of 2020) ... Respondent / Complainant

2. Shanmuga Divya ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.130 of 2021 pending on the file of the learned Additional Mahila Court (Judicial Magistrate Level), Madurai and quash the same. For Petitioners : Mr.P.Manimaran For R-1 : Mr.T.Senthil Kumar, Additional Public Prosecutor.

For R-2 : Mr.T.Balakrishnan

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.130 of 2021 on the file of the Additional Mahila Court (Judicial Magistrate Level), Madurai.

3. It is a matrimonial complaint. The defacto complainant Shanmuga Divya is present in person before me. She has been duly identified by Ms.R.Shanthi, WHC-908, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that the alimony has been paid to her. She has no objection for quashing the impugned prosecution.

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2 CRL.O.P.(MD)NO.18713 OF 2021

4. Since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned prosecution alive. 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.

To:

1. The Judge, Additional Mahila Court (Judicial Magistrate Level), Madurai.

2. The Inspector of Police, All Women police station, Tirupparankundram, Madurai District.

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

+1 CC to M/s.P.MANIMARAN, Advocate ( SR-37507[F] dated 06/12/2021 ) Crl.O.P.(MD)No.18713 of 2021 06.12.2021 RK(15/12/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4