Balamani v. Mohanapriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.06.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.8463 of 2021 and Crl.M.P.Nos.5578 & 5579 of 2021

1. Balamani

2. Balakrishnan

3. Sakunthala

4. Balamurugan

5. Kamalajothi ... Petitioners / Accused

Versus

Mohanapriya ... Respondent / Complainant Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.64 of 2021 on the file of the Judicial Magistrate No.I, Virudhachalam and to quash the same.

For Petitioners : Mr. S. Panneer Selvam For Respondent : Mr. M. Selvam 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the impugned proceedings in C.C.No.64 of 2021 on the file of the Judicial Magistrate No.I, Vridhachalam, for the offences under Sections 294(b), 323, 406, 498A and 506(i) of IPC.

2.Today, when the matter is taken up for hearing, the learned counsels for the petitioners and the respondent submitted that parties have arrived at a settlement and the respondent has decided to withdraw the allegations in the impugned proceedings and prayed for quashing of the impugned proceedings on the basis of the Joint Memo of Compromise dated 22.06.2023.

3.Both the parties are present today and have signed the Joint Memo of Compromise along with their learned counsels. The said Joint Memo of Compromise is taken on record. In view of the settlement arrived at between the parties, there would be no useful purpose in keeping the proceedings pending in C.C.No.64 of 2021 on the file of the Judicial Magistrate No.I, Vridhachalam.. Hence, the impugned proceedings is quashed.

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4.At this juncture, the learned counsel for the respondent submitted that the 1st petitioner has to return a bike, which is in the name of the respondent and also the household articles, which was gifted for the marriage of the respondent. However, this aspect has not been incorporated in the Compromise Memo. The learned counsel for the petitioners has agreed to return the bike and the household articles on or before 12.07.2023. If the respondent is aggrieved by non-compliance of the above commitment given by the 1st petitioner with respect to the return of bike and other household articles, the respondent can approach this Court for appropriate remedy.

5.With the above observations, this Criminal Original Petition is allowed. Consequently, connected Criminal Miscellaneous Petitions are closed.

22.06.2023 smv Index: Yes/No Speaking Order / Non-Speaking Order 3/5

To 1.The Judicial Magistrate No.I, Virudhachalam. 2.The Public Prosecutor High Court of Madras.

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SUNDER MOHAN, J smv Crl.O.P.No.8463 of 2021 22.06.2023 5/5