Partly allowed

S.Haridha v. The Inspector of Police

Madras HC22 Aug 2024CRL MP(MD)/7150/2024

Case brief

AI extract

What is this about?

The Madurai Bench addressed a special leave petition challenging a prior order on anticipatory bail. The Court found a reconciliation had not succeeded between the parties involving a minor petitioner in a private fraud case, hence recalling the earlier observation.

What did the court decide?

Deleted the earlier observation regarding successful mediation and compromise. Directed private respondents to appear before the Additional Mahila Court, Theni.

S.Haridha Vs The Inspector of Police — Service and Employment | Madras HC (2024)

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CRL MP(MD) No.7150 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Thursday, the Twenty Second day of August Two Thousand and Twenty Four PRESENT

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The Hon`ble Mr.Justice G.ILANGOVAN Crl.M.P(MD).Nos.7150 and 7152 of 2024

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Crl.O.P(MD).Nos.12300 and 10517 of 2022

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S.HARIDHA

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... PETITIONER/DEFACTO COMPLAINANT IN CRL MP(MD).7150/2024

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... PETITIONER/INTERVENING PETITIONER IN CRL MP(MD).7152/2024

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1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY. CR.NO. 43/2022

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... RESPONDENT/COMPLAINANT

IN BOTH CRL MP's

2 SUBRAMANIAN

3 SHANTHI

... RESPONDENTS/PETITIONERS IN CRL MP(MD).7150/2024

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2 S.VIKNESH KUMAR

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... RESPONDENT/PETITIONER IN CRL MP(MD).7152/2024

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Prayer in CRL MP(MD).7150/2024 :

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To recall the order passed by this Honble court in Crl O.P (MD) No. 10517 of 2022 dt. 04.08.2022.

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Prayer in CRL MP(MD).7150/2024 :

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To recall the order passed by this Honble court in Crl O.P (MD) No. 12300 of 2022 dt. 04.08.2022.

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https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.7150 of 2024

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Common Order : These Criminal Miscellaneous Petitions coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.R.ANAND, Advocate for the petitioner in both CRL MP's and of MR.M.SAKTHI KUMAR, Government Advocate (Crl.Side) on behalf of the 1^st Respondent in both CRL MP's and MR.B.JEYA KUMAR, Advocate on behalf of the Respondent Nos.2 & 3 in CRL MP(MD).7150/2024 and on behalf of the 2^nd Respondent in CRL MP(MD).7152/2024, the court made the following order:-

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For seeking anticipatory bail Crl.O.P(MD).Nos.12300 and 10517 of 2022 have been filed by Subramanian and Shanthi before this Court and the applications heard together and this Court made a following observation :

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'' When the matter is taken up for hearing, the learned counsel for the petitioners would submit that by the order, dated 26.07.2022, the matters were referred to the Mediation Centre. In the mediation, the matters have been compromised between the parties for separation. Hence, the matters have become infructuous. The terms of compromise shall form part and parcel of the record.”

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Now the defacto complainant filed recall petition by making some grievances. Over the above said grievances, this Court issued a notice to the respondents 2 and 3 and they were appeared through their counsel.

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The learned counsel for the petitioner/defacto complainant submitted that there was no complete compromise between the parties.

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The learned counsel for the private respondents submitted that husband https://www.mhc.tn.gov.in/judis

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CRL MP(MD) No.7150 of 2024

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wants to live with her wife/petitioner, but she is not willing and she filed divorce petition before the Sub Judge, Mellur in H.M.O.P.No.106 of 2023. He further submitted that after the present order, defacto complainant/petitioner wants to prosecute C.C.No.255 of 2024 filed before the Additional Mahila Court, Theni

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After hearing both side parties, it reveals that the compromise has not been reached between the parties in full. Therefore the observation made in Crl.O.P(MD). Nos.12300 and 10517 of 2022 dated 04.08.2024 in para No.1 is deleted. Since the charge sheet has been filed before the Additional Mahila Cour, Madurai and the same was taken on file in C.C.No.255 of 2024, after receiving summons, the private respondents are directed to appear before the concerned Court.

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With the above directions, this Criminal Miscellaneous Petitions are closed.

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/ TRUE COPY /

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/09/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE ADDITIONAL MAHILA JUDGE, THENI.

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2 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, THALLAKULAM, MADURAI CITY.

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3 THE ADDITIONAL PUBLIC PROSECUTOR, https://www.mhc.tn.gov.in/judis MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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CRL MP(MD) No.7150 of 2024

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ORDER IN Crl.M.P(MD).Nos.7150 and 7152 of 2024 in Crl.O.P(MD).Nos.12300 and 10517 of 2022 Date :22/08/2024

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RS/VR/SAR-(05.09.2024) 4P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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S.Haridha v. The Inspector of Police

Case brief

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S.Haridha v. The Inspector of Police

Case brief

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