The High Court dismissed a Criminal Original Petition filed under Section 482 CrPC to quash criminal proceedings as infructuous. The appeal against dismissal was made since the impugned complaint was withdrawn and subsequently dismissed by the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.1214 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.12.2022
CORAM:
THE HON'BLE Mr. JUSTICE SUNDER MOHAN
Crl.O.P.No.1214 of 2016 and Crl.M.P.Nos.535 and 536 of 2016
1.S.Subramaniam
2.S.Mohanasundaram
... Petitioners
Versus
Tmt. M.Pradeepa @ Anitha ... Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pending on the file of learned Judicial Magistrate – I, Coimbatore in D.V.A.No.26 of 2015 and quash the criminal proceedings.
For Petitioners : No Appearance For Respondent : Mr.Nambi Arooran
Page 1 of 4
Crl.O.P.No.1214 of 2016
O R D E R
The learned counsel for the respondent submits that the complaint which has been challenged in the quash petition has been withdrawn by the respondent. He produced an order dated 05.09.2022 passed by the learned Judicial Magistrate/ Special Court for Domestic Violence Act cases which has recorded the said fact.
2.On perusal of the order passed by the learned Judicial Magistrate, we find that the complaint under challenge was dismissed as “ not pressed” Therefore, nothing survives in the above quash petition.
3. Hence, the Criminal Original Petition stands Dismissed as
Infructous. Consequently, the connected miscellaneous petitions are closed.
01.12.2022
Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order dk
Page 2 of 4
Crl.O.P.No.1214 of 2016
To
The Judicial Magistrate – I,
Coimbatore
Page 3 of 4
Crl.O.P.No.1214 of 2016
SUNDER MOHAN, J.
dk
Crl.O.P.No.1214 of 2016 and Crl.M.P.Nos.535 and 536 of 2016
01.12.2022
Page 4 of 4
2 issues framed by the court
Whether the Criminal Original Petition under Section 482 CrPC to quash proceedings survives post-withdrawal and dismissal of the complaint.
Whether to quash the connected miscellaneous petitions.
1 provisions across 1 enactments
1.S.Subramaniam and 2.S.Mohanasundaram
Tmt. M.Pradeepa @ Anitha
SUNDER MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
