K.James Hohn Britto v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CRL.O.P.(MD)No.4628 of 2013 and M.P.(MD)No.1 of 2013

1. K.James John Britto

2. J.Nazareth Mary

3. K.Jayaraman

4. Irudhayaraj

5. Backiyaselvi

6. Christi Leftina Manocia ... Petitioners/Accused Vs.

1. The Inspector General of Police, South Zone, Madurai.

2. The Superintendent of Police, Dindigul District,

3. P.Kamalavathy, Inspector of Police, All Women Police Station, Tirupparankundram, Madurai District.

4. G.Rajeswari, Sub Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District.

(Crime No.10 of 2011)

5. S.Anarkali, Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

Crime No.17 of 2011)

6. M.Chitra (died) (defacto complainant)

7. Malaichamy

8. Pappa ... Respondents/Complainants (R-7 & R-8 are impleaded vide order made in Crl.M.P.(MD)No.1969 of 2018, dated 13.03.2018)

Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to C.C.No.511 of 2012 on the file of the learned Judicial Magistrate No.II, Dindigul and quash the proceedings as against the petitioners herein as illegal.

For Petitioners : Mr.K.James John Britto, Party-in-person.

For R-1 to R-5 : Mr.A.Robinson, Government Advocate(Crl. Side) For R-7 : Mr.Navaneetha raja for Mr.S.M.A.Jinnah

ORDER

The first petitioner herein was the respondent in C.M.A.(MD) No.765 of 2017. The said appeal pertained to guardianship and custody of the child of the first petitioner herein. The matter was amicably resolved by Judgment dated 10.10.2017. It was agreed by the first petitioner herein that he would hand over 131⁄2 sovereigns of gold which was given by Thiru.Malaichamy at the time of marriage of his daughter.

2. Today, the first petitioner herein has produced a Demand Draft for Rs.3,00,000/- drawn in favour of the said Malaichamy. The receipt of the original Demand Draft is acknowledged by Thiru.Navaneetha Raja, learned counsel representing Thiru.Malaichamy. In the very same order, it was further stated that the criminal cases registered against the first petitioner herein would be given a quietus by taking out appropriate proceedings. Therefore, in view of the Judgment dated 10.10.2017 in C.M.A.(MD)No.765 of 2017, the impugned proceedings in C.C.No.511 of 2012 pending on the file of the learned Judicial Magistrate No.II, Dindigul, stand quashed.

3. The Criminal Original petition stands allowed, accordingly. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.II,

2. The Inspector General of Police, South Zone, Madurai.

3. The Superintendent of Police, Dindigul District,

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

+1cc to Mr.K.James John Britto, Advocate Sr.No.67220 +1cc to Mr.S.M.A.Jinnah ,Advocate Sr.No.67289 Pmu MK/SV MMS/SAR 1/21.06.2018/3P/7C CRL.O.P.(MD)No.4628 of 2013 and M.P.(MD)No.1 of 2013 07.06.2018