Madras High Court
Ra.Srinivas Balan vs State Represented By The on 31 October, 2022
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
Crl.O.P.(MD) No.19044 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.10.2022
CORAM
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
CRL.O.P(MD)No.19044 of 2022
1.Ra.Srinivas Balan
2.S.Rajagopalan
3.Ramani
4.Devi
5.Mohan ...Petitioners
vs
1.State represented by the
Sub Inspector of Police,
All Women Police Station,
Thallakula, Madurai City.
(Cr.No.18 of 2016)
2.S.Jebaseeli ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C,
praying to call for the records relating to the Calender Case in
C.C.No.102 of 2017 on the file of the learned Judicial
Magistrate/Additional Mahila Court, Madurai and to quash the same
against the Petitioners as illegal.
For Petitioner : Mr.N.Sudhagar Nagaraj
For R1 : Mr.B.Nambi Selvan
Additional Public Prosecutor
For R2 :Mr.B.Rooban
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Crl.O.P.(MD) No.19044 of 2022
ORDER
This Criminal Original Petition is filed to quash the case in C.C.No.102 of 2017 on the file of the learned Judicial Magistrate/Additional Mahila Court, Madurai.
2.On compromise arrived at between the parties, Mr.N.Sudhagar Nagaraj,(Mob.No.99945 98845, Enrl.No.520/2005) learned Counsel for the Petitioner seeks to quash the charge sheet in C.C.No.102 of 2017 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai.
3.The learned Additional Public Prosecutor vehemently objected to quash the charge sheet on the ground that this Court on an earlier occasion in Crl.O.P.(MD)No.20859 of 2021, directed the learned Judicial Magistrate, Additional Mahila Court, Madurai. to dispose of the case in C.C.No.102 of 2017 within a period of eight months from the next hearing date. The date of order of this Court is 03.01.2022.
4.Mr.K.Raj Divagar (Mob.No.99447-77331, Enrl.No:2793/2008), learned Counsel representing Mr.B.Rooban, (Mob.No.94435-72694, Enrl.No.450/2002) learned Counsel for the second Respondent/De- 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.19044 of 2022 Facto Complainant. The learned Counsel for the second Respondent/De-Facto Complainant is directed to file a notarised affidavit regarding receipt of the Demand Draft of Rs.11,00,000/- as one time settlement from the Petitioner.
5.Since the De-Facto Complainant had been paid permanent alimony of Rs.11,00,000/-, she does not intend to proceed to prosecute the case.
6.In view of the submissions made by the learned Counsel for the Petitioner, this Petition is allowed and the charge sheet in C.C.No. 102 of 2017 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, is quashed.
31.10.2022 Index:Yes/No cmr To
1.The Judicial Magistrate/Additional Mahila Court, Madurai.
2.The Sub Inspector of Police, All Women Police Station, Thallakula, Madurai City.
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