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Judgments of Supreme Court of India and High Courts

N.Prabhu vs State Rep. By on 28 February, 2019

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.02.2019

Coram

THE HON’BLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P.No.27464 of 2017
and Crl.M.P.No.15691 of 2017

1. N.Prabhu
2. Saraswathi
3. N.Satheeshkumar
4. Nataraj … Petitioners/Accused Nos.1 to 4

Vs.

1. State Rep. By, Inspector of Police,
All Women Police Station (East),
Coimbatore City. … Respondent/Complainant

2. A.Pavithra … Respondent/Defacto Complainant

Criminal Original Petition is filed under Section 482 of the Code
of Criminal Procedure, to call for the records relating to C.C.No.69 of
2017 on the file of the Judicial Magistrate Additional Mahila Court,
Coimbatore and quash the same as far as the petitioners are
concerned.

For Petitioners : Mr.I.Abrar Md Abdullah

For R1 : Mr.M.Mohamed Riyaz
Additional Public Prosecutor

For R2 : Mr.C.S.Dhanasekaran

http://www.judis.nic.in
2

ORDER

This Criminal Original Petition has been filed to call for the

records relating to C.C.No.69 of 2017 on the file of the Judicial

Magistrate Additional Mahila Court, Coimbatore and quash the same.

2. An affidavit has been filed by the second respondent/defacto

complainant stating that a case has been registered on her complaint

in Cr.No.10 of 2016 and investigated by the first respondent police and

after completion of the investigation, a final report was filed against

the petitioners/accused herein before the Judicial Magistrate Additional

Mahila Court, Coimbatore. Thereafter, the learned Judicial Magistrate

had taken cognizance for the offences under sections 498A and 506(i)

of IPC and the case was numbered as C.C.No.69 of 2017.

Subsequently, the petitioners have moved this petition in

Crl.O.P.No.27464 of 2017 before this Court, to quash the proceedings

against them in C.C.No.69 of 2017. In the meanwhile, an agreement

for dissolution of marriage has been made between the defacto

complainant and the petitioners and as per which, it was mutually

agreed to withdraw the case in C.C.No.69 of 2017 filed as against the

petitioners before the learned Judicial Magistrate Additional Mahila

Court, Coimbatore. Further, the second respondent/defacto

http://www.judis.nic.in
3

complainant has given her consent in her affidavit, to quash the

proceedings in C.C.No.69 of 2017 pending on the file of the Judicial

Magistrate Additional Mahila Court, Coimbatore.

3. In view of the mutual agreement between the parties, this

Court is inclined to quash the C.C.No.69 of 2017 pending on the file of

the Judicial Magistrate Additional Mahila Court, Coimbatore, as against

the petitioners.

4. Accordingly, this Criminal Original Petition is allowed and the

complaint in C.C.No.69 of 2017 pending on the file of the Judicial

Magistrate Additional Mahila Court, Coimbatore, is quashed.

Consequently, connected miscellaneous petition is closed.

28.02.2019
raja

Index : yes/no
Internet : yes/no
Speaking Order/Non-Speaking Order

To

1. The Inspector of Police,
All Women Police Station (East),
Coimbatore City.

http://www.judis.nic.in
4

G.K.ILANTHIRAIYAN, J.,

raja

2. The Public Prosecutor
High Court, Madras.

Crl.O.P.No.27464 of 2017
and Crl.M.P.No.15691 of 2017

28.02.2019

http://www.judis.nic.in

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