Citation : 2021 Latest Caselaw 23434 Mad
Judgement Date : 30 November, 2021
Crl. O.P. No.4899 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 30.11.2021
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR
Crl. O.P. No.4899 of 2017 and
Crl. M.P.Nos.3661 and 3662 of 2017
1) Aram
S/o. Sokkan
2) Kuppammal
W/o. Sokkan
3) Anbu
S/o.Sokkan
4) Aruna
W/o.Anbu ....Petitioners/ Accused 1 to 3
Versus
1. The State represented by
The Inspector of Police,
All Women Police Station
Tirupattur
Vellore District
Crime No.28/2013
2. V.Mouleeswari ....Respondents
1/4
https://www.mhc.tn.gov.in/judis
Crl. O.P. No.4899 of 2017
PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to
call for the records and quash the charge sheet in C.C.No.42 of 2014 on the
file of Judicial Magistrate Court II, Tirupattur, Vellore District.
For Petitioner ... Mr.A.Vijayakumar
For Respondents ... Mr.S.Vinoth Kumar
Government Advocate (Crl.side)
for R1
Mr.K.Thiruvalluvan for R2
------
ORDER
This petition has been filed to quash the final report filed in
C.C.No.42 of 2014 on the file of Judicial Magistrate Court II, Tirupattur,
Vellore District for the offences under Sections 498-A and 506 (i) of IPC as
against husband and in-laws of the defacto complainant.
2. Heard the learned counsel appearing for the petitioners, learned
Government Advocate (Crl.side) appearing for the first respondent and
learned counsel for the second respondent.
3. The learned counsel for the petitioners submitted that the entire
issue has been settled between the parties before the Lok Adalat pursuant to
which, divorce has also been granted by the Family Court and the de facto
https://www.mhc.tn.gov.in/judis Crl. O.P. No.4899 of 2017
complainant herself is not willing to precipitate the complaint any further. It
is his further submission that de facto complainant settled permanently
outside the country. This submission is recorded.
4. A copy of the judgment passed in H.M.O.P.No.187 of 2015 by the
Sub-Court, Thirupathur has also been placed before this Court and the same
clearly indicates that the issues have been settled in the Lok Adalat as far as
the maintenance case is concerned. This Court is of the view that since the
dispute is only with regard to matrimonial issues, which has already been
settled between the parties, continuation of prosecution against the
petitioners will not yield any fruitful result.
In such view of the matter, this Criminal Original Petition is allowed
and the final report in C.C.No.42 of 2014 on the file of Judicial Magistrate
Court- II, Tirupattur, Vellore District is quashed. Consequently, connected
miscellaneous petitions are closed.
30.11.2021 gpa/gba
https://www.mhc.tn.gov.in/judis Crl. O.P. No.4899 of 2017
N. SATHISH KUMAR, J
gpa/gba
To
1. The Judicial Magistrate Court II, Tirupattur, Vellore District
2. The Inspector of Police, All Women Police Station Tirupattur Vellore District
3. The Public Prosecutor Madras High Court Chennai.
Crl. O.P. No.4899 of 2017 and Crl. M.P.Nos.3661 and 3662 of 2017
30.11.2021
https://www.mhc.tn.gov.in/judis
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