Madras High Court
Raghul vs The State Represented By on 24 January, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Crl.O.P.(MD).No.19354 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.01.2025
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD).No.19354 of 2022
and
Crl.M.P.(MD). Nos.13124 and 13125 of 2022
1.Raghul
2.Surendran ... Petitioners / Accused 1 & 2
Vs.
1.The State represented by, its,
The Inspector of Police,
Anna Nagar Police Station,
Madurai City,
Madurai.
(Crime No.385 of 2021) ... 1st Respondent / Complainant
2.Hemalatha ... 2nd Respondent /
Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, to call for the records pertaining to the
proceedings in C.C.No.1069 of 2022 on the file of the learned Judicial
Magistrate No.VI, Madurai District and quash the same as against the
petitioners.
For Petitioners : Mr.R.Suriya Narayanan
For R1 : Mr.B.Thanga Aravindh,
1/6
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.19354 of 2022
Government Advocate
(Criminal Side)
For R2 : Mr.C.Jeya Prakash
ORDER
This petition has been filed to quash the proceedings pending in
C.C.No.1069 of 2022 on the file of the learned Judicial Magistrate
No.VI, Madurai District
2. The second respondent, who is the wife of the first petitioner,
gave a complaint to the first respondent to the effect that she married the
first petitioner in the year 2018 and thereafter, there was a matrimonial
dispute and she was treated with cruelty and she was also beaten up by
the first petitioner and she sustained injuries and was admitted to
hospital. That apart, she was abused in filthy language inside the
mediation centre. The complaint was given against the first petitioner,
who is the husband and the second petitioner who is the father-in-law.
Based on this complaint, an FIR came to be registered in Crime No.385
of 2021 for offence under Sections 294(b), 323 and 506(i) of IPC.
3. For the very same occurrence, the first petitioner gave a
complaint against the second respondent and her father which was
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.19354 of 2022
registered in Crime No.386 of 2024.
4. The investigation was carried out in both the FIRs and final
report was filed in both the cases. Insofar as, Crime No.385 of 2021, it
resulted in C.C.No.1070 of 2022 in which the second respondent and her
father were shown as accused.
5. Heard the learned counsel on either side and perused the
materials available on record.
6. When the matter was taken up for hearing today, it was brought
to the notice of this Court that the marriage between the first petitioner
and the second respondent was dissolved by filing a petition for mutual
consent divorce before the learned Sub Court, Thirumangalam in
H.M.O.P. No.291 of 2023. The marriage was dissolved by judgment
dated 01.03.2024. On going through the judgment, it is seen that both the
parties have agreed to withdraw all the cases that are pending.
Accordingly, the second respondent did not press the domestic violence
proceedings in D.V.O.P. No.1 of 2020 and accordingly, the proceedings
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.19354 of 2022
were closed by order dated 22.09.2024 by the learned Judicial
Magistrate, Thirumangalam. In view of the same, no useful purpose will
be served in keeping the proceedings pending and it will only result in
abuse of process of law. Even though, the second respondent has not
filed an independent petition challenging the proceedings that is pending
in C.C.No.1070 of 2022, this Court is inclined to interfere with that
proceedings also and quash the same.
7. In the light of the above discussion, the proceedings in C.C.No.
1069 of 2022 pending against the petitioners and the proceedings in
C.C.No.1070 of 2022 pending against the second respondent and her
father, on the file of the learned Judicial Magistrate No.VI, Madurai are
hereby quashed.
8. In the result, this criminal original petition is allowed in the
above terms. Consequently, the connected miscellaneous petitions are
closed.
24.01.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
pal
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.19354 of 2022
To
1.The Judicial Magistrate No.VI,
Madurai District.
2.The Inspector of Police,
Anna Nagar Police Station,
Madurai City,
Madurai.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.19354 of 2022
N.ANAND VENKATESH,J.
pal
Order made in
Crl.O.P.(MD).No.19354 of 2022
24.01.2025
https://www.mhc.tn.gov.in/judis
