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This Criminal Original Petition has been filed seeking to call for records pertaining to the proceeding in C.C. No.153 of 2004 on the file of the District Munsif-cum-Judicial Magistrate, Paramathi, Namakkal District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. For the sake of convenience, the parties will be referred to by their name.

4. Kannan [A1] married Malathi [de facto complainant/R2] on 23.02.2004 and they lived together only for 30 days. Thereafter, they got estranged. Malathi lodged a complaint with the first respondent police, based on which a case in Cr.No.4 of 2004 was registered on 06.07.2004 and after completing investigation, the police filed a Final Report in C.C.No.153 of 2004 for offences u/s 498-A, 506(ii) IPC and Section 4 of Dowry Prohibition Act against Kannan and four others [his family members] before the District Munsif-cum-Judicial Magistrate, Paramathi, challenging which the accused are before this Court.

7. Malathi filed HMOP No.63 of 2008 before the Sub Court, Namakkal u/s 13(1)(ia) of the Hindu Marriage Act, 1955 against Kannan, for divorce on the ground of cruelty and she obtained an ex parte decree in her favour on 23.10.2008. She was also paid Rs.4 lakhs as maintenance by Kannan. When the trial Court issued summons for the appearance of Malathi, the police were not able to serve summons on her, as she had gone missing since 2011. In fact, her father Govindaraj lodged a complaint, based on which Paramathi Police Station Cr.No.44 of 2013 has been registered on 30.01.2013 for "woman missing" and still Malathi's whereabouts are not known to anyone. In the complaint given by Govindaraj, he has clearly stated that Malathi got married to Kannan and obtained a decree of divorce and also a sum of Rs.4 lakhs as maintenance. It is further averred in the complaint that Malathi went to the ration shop on 20.10.2011 by cycle and after leaving the cycle in the ration ship, she never returned home. Thus, Malathi had gone missing as early as 20.10.2011, but Govindaraj has lodged the complaint only on 30.01.2013, based on which, as stated above, a case in Paramathi Police Station Cr.No.44 of 2013 is pending for "woman missing".

9. Taking into consideration the aforesaid facts and also the fact that the allegations in the complaint and the Final Report are too frail, this Court is of the view that this is a fit case to quash the prosecution.

In the result, this petition is allowed and the proceedings in C.C. No.153 of 2004 on the file of the District Munsif-cum-Judicial Magistrate, Paramathi, Namakkal District is hereby quashed. Consequently, connected miscellaneous petitions are closed.

24.10.2016 gms NOTE TO OFFICE:

Issue order copy by 25.10.2016 To 1 The District Munsif-cum-Judicial Magistrate Paramathi Namakkal District 2 The Inspector of Police All Women Police Station Vellur Namakkal District 3 The Public Prosecutor Madras High Court Chennai 600 104 P.N. PRAKASH, J.
gms 24.10.2016