K.Elango v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Criminal Original Petition No. 22922 of 2019 & Crl.M.P.Nos.11962 & 11964 of 2019 K.Ilango ... Petitioner

Versus

1. State represented by its Inspector of Police, All Women Police Station, Palladam.

2. A.Ramaprabha ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code seeking to call for the records in C.C.No.163/2017 on the file of the Learned Judicial Magistrate, Palladam and quash the same.

For Petitioners : Mr. R.Karthikeyan For Respondents : Mr.S.Balaji, Government Advocate (Crl. Side) for R1 Mr.K.S.Karthik Raja for R2

O R D E R

This petition is filed to quash the final report in C.C.No.163 of 2017 on the file of the learned Judicial Magistrate, Palladam, for the offences under Sections 498(A), 324, 294(b) and 506(i) IPC. 1/4

2. It is reported that the parties have resolved their mutual differences and have compromised the issue. Both the petitioner and the second respondent are present in person before this Court. They have filed a joint compromise memo. The petitioner, the second respondent and their respective counsel have signed in the said compromise memo. It is reported that the petitioner and the second respondent are reunited and are now living jointly with two children.

3. In view of the above development, the parties seek quashing of the impugned final report as against the petitioner. The relevant portion of the memorandum of compromise reads as under:

"6) In view of their reunion, the parties have agreed not to prosecute the case pending against each other. As a result, (a) the H.M.O.P.No.236/2017 pending on the file of Learned Subordinate Judge, Tiruppur as become infructuous and nothing survives in the said H.M.O.P. as the parties have reunited.

(b) The petitioner also agrees to withdraw the Crl.O.P.No.22922 of 2019 on the file of this Hon'ble Court and the case in C.C.No.163/2017 on the file of Learned Judicial Magistrate, Palladam may be 2/4

quashed in view of the Joint Memo filed between the parties."

4. In view of the compromise between the parties recorded in the Joint Memorandum of Compromise dated 21.03.2023, the impugned final report in C.C.No.163 of 2017 on the file of the learned Judicial Magistrate, Palladam, is quashed. Hence, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed. 21.03.2023 kal Index: Yes/No Speaking Order / Non-Speaking Order To

1. The Judicial Magistrate, Palladam

2. The Inspector of Police, All Women Police Station, Palladam.

3. The Public Prosecutor, High Court of Madras, Chennai.

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SUNDER MOHAN, J kal Criminal Original Petition No. 22922 of 2019 & Crl.M.P.Nos.11962 & 11964 of 2019 Dated: 21.03.2023 4/4