Madras High Court
B.Dilliprasath vs The Inspector Of Police on 22 February, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
Crl.O.P No.2367 of 2021
and Crl.M.P.Nos.1305 of 2021
B.Dilliprasath Petitioner
vs.
1. The Inspector of Police,
AWPS,
Chengalpattu.
2. Dhavamani Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records in C.C.No.94 of
2020 on the file of Judicial Magistrate, Additional Mahila Court,
Chengalpattu and quash the same.
For Petitioner : Mr.P.Chandrasekar
For Respondents : Mr.C.Raghavan
Government Advocate
for R1
ORDER
This petition has been filed to quash the proceedings in
C.C.No.94 of 2020 on the file of the learned Judicial Magistrate,
Additional Mahila Court, Chengalpet.
https://www.mhc.tn.gov.in/judis/
2.The respondent police have filed the final report before the
Court below against eight named accused persons for offences
under Sections 294(b), 506(i) and 417 of IPC. The petitioner has
been arrayed as A2 and he is the co-brother of A1.
3.When the matter came up for hearing on 12.02.2021, the
learned counsel for the petitioner brought to the notice of this
Court, the fact that already the marriage between A1 and daughter
of the 2nd respondent has been declared to be a nullity by the Family
Court, Chengalpet and there is already a memorandum of
understanding entered into between the parties on 18.10.2019 to
the effect that all the proceedings will be withdrawn. This Court
directed the learned counsel for the petitioner to take notice on the
2nd respondent and it is reported that the 2 nd respondent for some
reasons is not coming before this Court.
4.The learned Government Advocate appearing on behalf of
the respondent police submitted that the respondent police have not
been informed about the compromise between the parties.
5.In the considered view of this Court, when the main dispute
between A1 and the daughter of the 2nd respondent has come to an
https://www.mhc.tn.gov.in/judis/
end by virtue of the marriage being declared as a nullity in HMOP
No.167 of 2019, by the Family Court, Chengalpet, by judgment
dated 25.10.2019, no useful purpose will be served in keeping this
proceedings pending. That apart, it is also seen that the
memorandum of understanding between A1, the defacto
complainant and her daughter on 18.10.2019 is to the effect that all
the cases will be withdrawn.
6.In view of the above discussion, the continuation of the
proceedings against the petitioner who is only the co-brother of A1,
will amount to abuse of process of Court and the same requires the
interference of this Court under Section 482 Cr.P.C. In the result,
the proceedings in C.C. No.94 of 2020 on the file of the learned
Judicial Magistrate, Additional Mahila Court, Chengalpet is quashed.
7.Accordingly, this Criminal Original Petition is allowed.
Consequently, connected miscellaneous petition is closed.
22.02.2021
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
ssr
https://www.mhc.tn.gov.in/judis/
N. ANAND VENKATESH, J.
ssr
To
1. The Judicial Magistrate,
Additional Mahila Court, Chengalpattu.
2. The Inspector of Police,
AWPS,
Chengalpattu.
3. The Public Prosecutor,
High Court, Madras.
Crl.O.P No.2367 of 2021
and Crl.M.P.Nos.1305 of 2021
22.02.2021
https://www.mhc.tn.gov.in/judis/
