Madras High CourtCRL OP(MD)/20803/2013allowed

Mayandi v. The Inspector Of Police

2015-03-17Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2015

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.O.P.(MD)No.20803 of 2013 and Crl.O.P(MD)No.22955 of 2014 and M.P(MD)Nos.1 & 2 of 2013 1.Baskar 2.Selvaraj 3.Gnanam 4.Annathai .. Petitioners in Crl.O.P(MD)No.22955 of 2014 1.Mayandi 2.Dhanam .. Petitioners in Crl.O.P(MD)No.20803 of 2013 vs.

1.The State represented by The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

(Crime No.5 of 2013) 2.Lakshmi ..Respondents in both the Cases PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in C.C.No.142 of 2013 on the file of the learned Judicial Magistrate No.II, Dindigul, Dindigul District and quash the same with respect to the petitioners.

For petitioners : Mr.R.Anand in both Cases For R-1 : Mr.K.V.Rajarajan Government Advocate (Crl. Side) in both Cases For R-2 :Mr.Theivendran in both Cases

ORDER

These petitions have been filed to call for the records relating to the final report filed in C.C.No.142 of 2013 on the file of the Judicial Magistrate No.II, Dindigul and quash the same as illegal.

2.On a complaint filed by the wife/2nd respondent, the first respondent after investigation has filed charge sheet for offences under Sections 498(A), 294(b), 506(i), 109 IPC and 4 of Dowry https://hcservices.ecourts.gov.in/hcservices/

Prohibition Act. Such case is now pending in C.C.No.142 of 2013 on the file of the learned Judicial Magistrate No.II, Dindigul. The petitioner in both petitions have filed the Joint Compromise memo to the effect that the the first accused and the second respondent have agreed to go for settlement, in which they have categorically decided to get their life separated in their own accord. The 2nd respondent has entered appearance through counsel. 3.Considering the circumstances and the decision of the Honourable Apex Court in B.S.Joshi and others Vs. State of Haryana and another AIR 2003 SCC 1386 wherein it is held that it is the duty of the Court to encourage genuine settlement of matrimonial disputes, this Court allows this petition.

4.Accordingly, the proceedings in C.C.No.142 of 2013 on the file of the Judicial Magistrate No.II, Dindigul shall stand quashed. Consequently, the connected M.P(MD)Nos.1 & 2 of 2013 are also closed.

Joint Memo of Compromise shall form part of the records.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistantr Registrar To (*) JOINT MEMO OF COMPROMISE XEROX COPIES ARE ENCLOSED HEREWITH

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

2.The Judicial Magistrate NO.II, Dindigul.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +2ccs to Mr.R.Anand, Advocate, SR.Nos.12929 and 12931 am RL/6c - 10/4/2015 Crl.O.P.(MD)Nos.20803 of 2013 and Crl.O.P(MD)No.22955 of 2014 17.03.2015 https://hcservices.ecourts.gov.in/hcservices/