Madras High CourtCRL OP(MD)/20295/2021disposed of

Swarnagandhi v. The Inspector Of Police

2021-12-22Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)Nos.20295 & 13145 of 2021 and Crl.M.P.(MD).No.11517 of 2021 in 20295 of 2021 Crl.O.P.(MD)No.20295 of 2021:

1.Swarnagandhi (Wrongly shown as 'Sornagandhi') 2.Arun Raja (Wrongly shown as Arun) ... Petitioners/ Accused Nos.2 and 3 Vs.

1.The State represented by its Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

(Crime No.20 of 2021)

...Respondent/Complainant

2.Vidya ...2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the FIR in Crime No.20 of 2021 dated 01.10.2021 pending on the file of the first respondent and quash the same.

For Petitioners : Mr.N.Syed Ali For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl Side)for R.1 Crl.O.P.(MD)No.13145 of 2021:

1.Raja Adhithan 2.Sorna Gandhi 3.Arun Raja ... Petitioners 1/3

Vs.

1.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2.The Deputy Superintendent of Police, (Law and Order), Paramakudi, Ramanathapuram District.

3.The State represented by The Inspector of Police, (Law and Order) All Women Police Station Town, Paramakudi, Ramanathapuram District.

4.Vidhya ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to issue a direction to the respondents 1 and 2, directing the third respondent not to interfere the petitioner's matrimonial dispute till the pending disposal of H.M.O.P.No.792 of 2021 pending on the file of the Family Court, Madurai District, based on that petitioner has given explanation, dated 15.08.2021 to the fourth respondent's complaint, dated 05.08.2021 before the third respondent.

For Petitioners : Mr.K.Chengiz Khan For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl Side) for R.1 to R.3 Mr.J.Vijaya Raja for R.4 COMMON ORDER S.Raja Adhithan and Vidhya got married to each other on 20.02.2013. Two children, viz., a girl child and a boy child, were born through wedlock. Some difference of opinion arose between the two, Raja Athithan filed H.M.O.P.No.792 of 2021 before the Family Court, Madurai seeking restoration of conjugal rights. Vidhya filed a Criminal case and the same was registered in Crime No.20 of 2021 on the file of the All Women Police Station, Paramakudi.

2. When the matter was taken up on the last occasion, I felt that the issue should be resolved amicably, keeping in mind in the 2/3

interest of the children. I am happy to record that Raja Adhithan as well as Vidhya cooperated and accepted the suggestion given by me. Now, they have reunited.

3. In these circumstances, there is no need to continue the prosecution. Crime No.20 of 2021 registered on the file of All Women Police Station, Ramanathapuram is quashed. The Family Court, Madurai, shall also closed H.M.O.P.No.792 of 2021 by recording the subsequent development. Crl.O.P(MD)No.20295 of 2021 is allowed. No further orders are necessary in Crl.O.P.(MD)No.13145 of 2021 and the same is disposed of, accordingly.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, Family Court, Madurai.

2.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

3.The Deputy Superintendent of Police, (Law and Order), Paramakudi, Ramanathapuram District.

4.The Inspector of Police, (Law and Order) All Women Police Station Town, Paramakudi, Ramanathapuram District.

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

+1 CC to M/s.N.SYED ALI, Advocate ( SR-41[F] dated 03/01/2022 ) Crl.O.P.(MD)Nos.20295 & 13145 of 2021 and Crl.M.P.(MD).No.11517 of 2021 in 20295 of 2021 22.12.2021 RD(7.01.2022) 3P 7C 3/3