Madras High CourtCRL OP(MD)/180/2021allowed

Muppidathi @ Muthuraj v. The Inspector Of Police

2021-01-07Honourable Mrs Justice R. Hemalatha2 pages

Crl.O.P.(MD)No.180 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2021 CORAM :

THE HONOURABLE Mrs. JUSTICE R. HEMALATHA Crl.O.P.(MD)No.180 of 2021 1.Muppidathi @ Muthuraj 2.Chellaiyakonar 3.Mariappan ... Petitioners Vs.

1.State rep. by The Inspector of Police, Palayamkottai All Women Police Station, Tirunelveli District.

(Crime No.20 of 2015) 2.Meenakshi ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C to call for the entire records pertaining to the case in S.C.No.138 of 2018 on the file of the learned Mahila Court, Tirunelveli District and quash the same.

For Petitioners : Mr.R.L.Dhilipan Pandian For R1 : Mr.R.Erottuchamy Government Advocate (Crl. Side) For R2 : Mr.R.Nireshkumar

ORDER

This petition has been filed seeking to quash the proceedings in S.C.No.138 of 2018 on the file of the learned Mahila Court, Tirunelveli District, on the basis of joint compromise memo filed by the petitioners and the second respondent. 2.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered FIR in Crime No.20 of 2015 and thereafter, filed a final report before the learned Mahila Court, Tirunelveli for the alleged offences punishable under Sections 417, 376, 294(b), 323 and 506(ii) of IPC against the petitioners. However, according to the petitioners, they have amicably settled the issue with the second respondent and that the compromise memo filed in this regard may be recorded by this Court.

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Crl.O.P.(MD)No.180 of 2021 3.The petitioners and the second respondent appeared in person along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Government Advocate (Crl. side) and Mrs.K.Vijayakumari, WHC215, Palai All Women Police Station, Palayamkottai. 4.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 17.12.2020, this Court is of the opinion that no useful purpose would be served in keeping the matter pending and hence, all further proceedings in S.C.No.138 of 2018 pending on the file of the learned Mahila Court, Tirunelveli District, is quashed.

5.In the result, the Criminal Original Petition stands allowed and the entire proceedings in S.C.No.138 of 2018 pending on the file of the learned Mahila Court, Tirunelveli District, is hereby quashed in respect of the petitioners/accused. The joint compromise memo shall form part and parcel of this order. Sd/ Assistant Registrar(crl.side) /True copy/ / /2021 Sub Assistant Registrar(CS- ) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. (*)Enclose herewith copy of the Joint Compromise Memo. To 1.The Judge, Mahila Court, Tirunelveli District. 2.The Inspector of Police, Palayamkottai All Women Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD)No.180 of 2021 07.01.2021 sji PK/01.02.2021 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2