P. Prabhu Vs. State Represented by The Sub-Inspector of Police, Madurai and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1191396
CourtChennai Madurai High Court
Decided OnApr-15-2016
Case NumberCrl.O.P. (MD) No. 6420 of 2016
JudgeP.N. Prakash
AppellantP. Prabhu
RespondentState Represented by The Sub-Inspector of Police, Madurai and Another
Excerpt:
(prayer: criminal original petition filed under section 482 of cr.p.c., praying to call for the records pertaining to c.c.no.107 of 2015 on the file of the judicial magistrate court no.v, madurai and quash the same and to pass such further or other order or orders as this honourable court may deem fit and proper in the fact and circumstances of the case.) 1. this petition has been filed to call for the records pertaining to c.c.no.107 of 2015 on the file of the judicial magistrate court no.v, madurai and quash the same and to pass such further or other order or orders as this honourable court may deem fit and proper in the fact and circumstances of the case. 2. heard the learned counsel for the petitioner and the learned government advocate (crl.side) appearing for the state. 3. on reading of the final report, this petitioner got married to the defacto complainant's daughter and thereafter, they got estranged. while so, on 13.06.2015 at 06.35am, when the defacto complainant was going for morning walk, this petitioner accosted him and kept knife on his neck and threatened him. other persons in that locality came to the rescue of the defacto complainant and separated the defacto complainant. 4. taking into consideration the nature of allegations, this is not a fit cast to quash the proceedings pending in c.c.no.107 of 2015 on the file of the judicial magistrate court no.v, madurai. hence, this petition is dismissed. however, the trial court may refer the matter to the mediation centre, where the parties may arrive at an amicable settlement. consequently, connected miscellaneous petitions are closed.
Judgment:

(Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records pertaining to C.C.No.107 of 2015 on the file of the Judicial Magistrate Court No.V, Madurai and quash the same and to pass such further or other order or orders as this Honourable Court may deem fit and proper in the fact and circumstances of the case.)

1. This petition has been filed to call for the records pertaining to C.C.No.107 of 2015 on the file of the Judicial Magistrate Court No.V, Madurai and quash the same and to pass such further or other order or orders as this Honourable Court may deem fit and proper in the fact and circumstances of the case.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the State.

3. On reading of the final report, this petitioner got married to the defacto complainant's daughter and thereafter, they got estranged. While so, on 13.06.2015 at 06.35am, when the defacto complainant was going for morning walk, this petitioner accosted him and kept knife on his neck and threatened him. Other persons in that locality came to the rescue of the defacto complainant and separated the defacto complainant.

4. Taking into consideration the nature of allegations, this is not a fit cast to quash the proceedings pending in C.C.No.107 of 2015 on the file of the Judicial Magistrate Court No.V, Madurai. Hence, this petition is dismissed. However, the Trial Court may refer the matter to the Mediation Centre, where the parties may arrive at an amicable settlement. Consequently, connected miscellaneous petitions are closed.