Madras High CourtCRL OP(MD)/850/2022allowed

Malaichamy v. The Inspector Of Police

2022-01-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.850 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.850 of 2022 1.Malaichamy 2.Chitra 3.Ayyampandi 4.Pitchai 5.Malaiyammal ... Petitioners/Accused 1 to 5 Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

(Crime No.10 of 2020) ... Respondent/Complainant 2.The Extension Officer, Social Welfare Department, Thiruppuvanam Union, Sivagangai District.

... 2nd Respondent/ Defacto Complainant 3.xxxxxxx ... 3rd Respondent/Victim girl Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with charge sheet in C.C.No.43 of 2021 on the file of the learned District Munsif Cum Judicial Magistrate, Thiruppuvanam and to quash the same. For Petitioners : Mr.V.Malaiyendran For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

Mr.P.Banuprasadh for R3.

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.43 of 2021 on the file of the District Munsif Cum Judicial Magistrate, Thiruppuvanam.

2.The defacto complainant and the victim are present before this Court through video conferencing. They have been duly identified by Ms.S.Sathya, WHC 1799 attached to first respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.850 of 2022 police station. The parties have filed a memo of joint compromise. The defacto complainant and the victim categorically state before this Court that they do not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned prosecution alive. The impugned proceedings are quashed. The criminal original petition is allowed. The memo of joint compromise will form part of the order. Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Encl:-Photocopy of Compromise Memo attached 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.

(The name of the third respondent to be suppressed while issuing the order copy.) To:

1.The District Munsif Cum Judicial Magistrate, Thiruppuvanam.

2.The Inspector of Police, All Women Police Station, Manamadurai, Sivagangai District.

3.The Extension Officer, Social Welfare Department, Thiruppuvanam Union, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.V.MALAIYENDRAN, Advocate ( SR-1965[F] dated 20/01/2022 ) Crl.O.P(MD)No.850 of 2022 20.01.2022 MGJ(09.02.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2