Madras High CourtCRL OP(MD)/14896/2011allowed

Kamala v. Amudha,

2016-11-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2016

CORAM:

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD).No.14896 of 2011 and M.P.(MD).Nos.1 and 2 of 2011 1.Kamala 2.Infanta 3.Anthoniappa 4.Stephen .. Petitioners/R2 to R5 Vs.

1.Amudha 2.Minor. Jovin (2nd respondent is represented by his Mother & Natural guardian, 1st respondent) .. Respondents/complainants PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records relating to the proceedings in M.C.No.16 of 2011, on the file of the learned Judicial Magistrate No.II, Tuticorin and to quash the same in so far as the petitioners are concerned.

For Petitioner : Mr.S.Subbiah For respondents : Mr.A.Thiruvadikumar

ORDER

This petition is filed to quash the proceedings in M.C.No.16 of 2011, on the file of the learned Judicial Magistrate No.II, Tuticorin, in so far as the petitioners are concerned. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents. 3.Mr.S.Subbiah, learned counsel for the petitioner would submit that subsequent to the filing of the complaint in M.C.No.16 of 2011, the dispute between the husband and wife was resolved by mutual concerned divorce, granted by the learned Principal District Judge, Thoothukudi, in D.O.P.No.286 of 2014, on https://hcservices.ecourts.gov.in/hcservices/

20.03.2015 and in the joint divorce petition, the first respondent has agreed to withdraw the present complaint in M.C.No.16 of 2011, pending before the learned Judicial Magistrate No.II, Tuticorin. The learned counsel for the petitoner has also produced the copy of the order passed in D.O.P.No.286 of 2014, dated 20.03.2015. 4.The learned counsel for the respondent has not disputed the above facts.

5. In view of the settlement between the parties, this Criminal Original Petition is allowed and the entire proceedings in M.C.No.16 of 2011, on the file of the learned Judicial Magistrate No.II, Tuticorin, is quashed. Consequently, connected miscellaneous petitions are closed.

Sd/ Assistant Registrar(A.S.,) /TRUE COPY/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Tuticorin.

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

+1cc to M/s.S.Subbiah, Advocate, in SR No.70701. +1cc to M/s.A.Thiruvadi Kumar, Advocate, in SR No.70450. Crl.O.P(MD)No.14896 of 2011 18.11.2016 pjl msm/ss2/09.12.16/p2/5c https://hcservices.ecourts.gov.in/hcservices/