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Madras High CourtCRL OP(MD)/824/2023allowed

M.Vishnuvardhanaraj v. The Inspector Of Police

2023-02-14Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.824 of 2023 and Crl.M.P(MD) No.754 of 2023 & Crl.O.P.(MD) No.12840 of 2021 and Crl.M.P(MD) No.6597 of 2021 Crl.O.P.(MD) No.824 of 2023 M.Vishnuvardhanaraj ... Petitioner/Accused No.1 Vs.

1.Inspector of Police, (Crime No.33 of 2020) ... 1st Respondent/Complainant 2.Devikala ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.16 of 2021, on the file of Judicial Magistrate No.IV, Thoothukudi, quash the same. 1/6

Crl.O.P.(MD) No.12840 of 2021

1. J.Mohanraj

2. Kathirkamakani ... Petitioners/Accused Nos.2 & 3 Vs.

1.Inspector of Police, (Crime No.33 of 2020) ... 1st Respondent/Complainant 2.Devikala ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.16 of 2021, on the file of the Judicial Magistrate No.IV, Thoothukudi, quash the same against these petitioners.

For Petitioners : Mr. Perumal C.T (in both the cases) For R1 : Mr. Muthumanikkam (in both the cases) Government Advocate (Crl. Side) For R2 : Mr. Selvam.D (in both the cases) COMMON O RDER This Criminal Original Petition in Crl.O.P(MD) No.824 of 2023 has been filed to call for the records in C.C.No.16 of 2021, on the file of 2/6

Judicial Magistrate No.IV, Thoothukudi, quash the same.

2. This Criminal Original Petition in Crl.O.P(MD) No.12840 of 2021 has been filed to call for the records in C.C.No.16 of 2021, on the file of the Judicial Magistrate No.IV, Thoothukudi, quash the same against these petitioners.

3.The contention of the petitioners in both the cases is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.33 of 2020 for the offences punishable under Sections 498(A), 406 & 506(i) IPC, against the petitioners. It appears that it is a matrimonial dispute between the parties and now the defacto complainant decided to join with the first petitioner.

4.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed in both the matters, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. It is also submitted that H.M.O.P. Nos.1686 of 2020 and 4665 of 2021 are pending before the V Additional Family Court, Chennai. 3/6

5.The petitioners and the 2nd respondent in both the matters appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

6.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners in both the cases and also in view of the joint compromise memo, dated 13.02.2022 in Crl.O.P(MD) No.12840 of 2021 and Crl.O.P(MD) No.824 of 2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.16 of 2021 pending on the file of the learned Judicial Magistrate No.IV, Thoothukudi, is quashed and the compromise memo is recorded.

7.In the result, these Criminal Original Petitions stand allowed and the entire proceedings in C.C.No.16 of 2021, pending on the file of the learned Judicial Magistrate No.IV, Thoothukudi is hereby quashed in respect of the petitioners in both the matters and the terms of joint compromise memo shall form part of this order. Consequently, the 4/6

connected Miscellaneous Petitions are closed. 14.02.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Judicial Magistrate Court No.IV, Thoothukudi. 2.Inspector of Police, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

G.ILANGOVAN. J.

Indu Crl.O.P.(MD)Nos.824 of 2023 and 12840 of 2021 14.02.2023 6/6