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2012 Supreme(Mad) 1881

T.MATHIVANAN
V. Vijayaprakash – Appellant
Versus
State rep. by the Sub-Inspector of Police – Respondent


Advocates Appeared:
For the Petitioner:V. Vijayaprakash, Advocate.
For the Respondents:R1 - C. Iyyapparaj, Government Advocate (Crl.Side), R2 -D. Chandrasekaran, Advocate.

JUDGMENT

1. Invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C., this criminal original petition is filed by the petitioner to quash the criminal proceedings pertaining to the case in C.C.No.300 of 2009, pending on the file of the learned Judicial Magistrate, Tambaram.

2. The petitioner and the second respondent are the husband and wife. Their marriage was solemnized on 20.08.2008 at Ambattur. No sooner than their marriage, a crack was developed in their matrimonial relationship. They both have exchanged allegations against each other.

3. When the matter stood thus, the second respondent had lodged a complaint against the petitioner on 10.11.2008 before the first respondent viz., the Sub-Inspector of Police, attached to W3, All Women Police Station, Tambaram and on the basis of the complaint, a case in Crime No.21 of 2008 came to be registered on the file of the respondent Police under Sections 417 and 420 I.P.C.,

4. After completion of the investigation, the first respondent had filed a final report on 12.05.2009 and the learned Judicial Magistrate after taking cognizance of the offences under Sections 417 and 420 I.P.C., has taken the same on his file in C.































































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