This criminal original petition has been filed under Section 482 of Cr.P.C., praying to call for records in C.C.No.334 of 2005 on the file of District Munsif cum Judicial Magistrate, Keeranur, Pudukkottai and quash the same.
2.The petitioner has been charge sheeted for the offence under
Section 498(A),406 and
506(2) of I.P.C. read with Section 4 of D.P.Act.
3.The learned counsel for the petitioner as well as the learned Government Advocate (criminal side) represent that the matter has been settled between the parties.
4.The second respondent/defacto complainant also appeared before this Court on 27.01.2017 and informed this Court that the matter has been settled.
5.The Hon'ble Supreme Court in Gian Singh Vs. State of Punjab and another reported in 2012(10) Supreme Court Cases 303 held that the power under
Section 482 of Cr.P.C. to quash the criminal proceedings may be exercised, where the parties have settled their disputes depending on the facts and circumstances of each case and listed category of cases in which such power can be exercised by way of illustration. In this case, the offences alleged to have been committed relate to matrimonial dispute and therefore, power enshrined under
Section 482 of Cr.P.C., can be exercised.
6.Following the above judgment and also the fact that the matter has been settled between the parties, this criminal original petition is allowed and the proceedings in C.C.No.334 of 2005 on the file of District Munsif cum Judicial Magistrate, Keeranur, Pudukkottai against the petitioner is quashed. Consequently, connected miscellaneous petitions are closed.
To
1.The The Inspector of Police, Mathur Police Station, Pudukukkottai.
2.The District Munsif cum Judicial Magistrate, Keeranur, Pudukkottai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.