Madras High CourtCRL OP(MD)/19929/2013allowed

C. Krishnamoorthy v. The Inspector Of Police

2018-04-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19929 of 2013 and M.P.(MD)Nos.1 and 2 of 2013 1.C.Krishnamoorthy 2.Samundeeswari ... Petitioners / Accused No. 1&2 Vs.

1. The Inspector of Police, Sempatty Police Station, Dindigul District.

(Crime No.227 of 2012) ... Respondent/Complainant 2.Thangavel ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records pertaining to the charge sheet filed in C.C.No.218 of 2013 pending on the file of the Judicial Magistrate No.II, Dindigul and quash the same. For Petitioners : Mr.R.Rajaraman For R1 : Mr.Prabhu Ramachandran Government Advocate (Crl.Side) For R2 : Mr.H.Lakshmi Shankar

ORDER

The petitioners are the husband and wife. The defacto complainant is the elder brother of the first petitioner. Since the first petitioner appears to have harassed the defacto complainant, the police were constrained to register a case in Crime No.227 of 2012 and also lay final report, which was taken cognizance as C.C.No.218 of 2013 on the file of the Judicial Magistrate No.II, Dindigul District.

2.The petitioners today filed an undertaking affidavit before this Court that they will workout their rights in the pending civil suits and that they would totally refrain from interfering with the rights of the second respondent herein. https://hcservices.ecourts.gov.in/hcservices/

3.The said undertaking affidavit is taken on record. The impugned proceedings are quashed, in view of the aforesaid undertaking affidavit. This Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II, Dindigul.

2. The Inspector of Police, Sempatty Police Station, Dindigul District.

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

+ 1 cc TO Mr.H.Lakshmi Shankar , Advocate in SR No. 60489 + 1 cc TO Mr.R.Rajaraman , Advocate in SR No. 60412 Myr AE/KKR/SAR2/25.04.2018/2P/6C Crl.O.P(MD)No.19929 of 2013 09.04.2018 https://hcservices.ecourts.gov.in/hcservices/