Madras High CourtCRL OP(MD)/14854/2015allowed

Edithilagarani v. Inspector Of Police,

2015-07-31Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD)No.14854 of 2015 1.Edithilagarani 2.Annie 3.Bob Paulraj ... Petitioners/Accused Nos.1, 2 & 3 -Vs1.The Inspector of Police, Melapalayam Police Station, Tirunelveli.

(Crime No.885 of 2012)... 1st Respondent/Complainant. 2.Rose Bob ... 2nd Respondent/Defacto Complainant PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for the records relating to C.C.No.143 of 2015 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tirunelveli, quash the proceedings by allowing this Criminal Original Petition.

For Petitioners : Mr.P.Samuel Gunasingh For R - 1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R - 2 : Mr.R.Niresh Kumar

ORDER

This Criminal Original Petition has been filed to call for the records relating to C.C.No.143 of 2015 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tirunelveli, quash the proceedings by allowing this Criminal Original Petition.

2. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3. The petitioners are arrayed as accused in Crime No.885 of 2012 for the alleged offences under Sections 406, 294(b), 323 and 506(ii) of the Indian Penal Code altered https://hcservices.ecourts.gov.in/hcservices/

into Sections 406, 448, 294(b) and 506(ii) of the Indian Penal Code and also under Section 4 of TNPWH Act read with 34 of the Indian Penal Code and the same has been taken on file in C.C.No.143 of 2015 and seeking to quash the said proceedings, the present petition has been filed.

4. The first and second petitioners are the in-laws and third petitioner is the husband of the respondent No.2.

5. When the matter is taken up for hearing, a joint memo of compromise has been filed by both parties stating that the dispute has been resolved amicably and the same has also been signed by both the parties duly attested by the counsels and the learned counsel for the petitioners submitted that the respondent No.2 is living with the third petitioner.

6. The parties, who are present before this Court, also reiterated the same along with their counsel.

7. In view of the said compromise memo, this Court is of the view that no useful purpose will be served by proceedings further in this matter.

8. Accordingly, this Criminal Original Petition is allowed and the proceedings in C.C.No.143 of 2015 on the file of the learned Judicial Magistrate, Additional Mahila Court, Tirunelveli is quashed. The said joint memo of compromise is taken on record.

ps Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate,Additional Mahila Court, Tirunelveli.

2.The Inspector of Police,Melapalayam Police Station, Tirunelveli.

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

1CC to Mr.P.Samuel Gunasingh,Advocate, SR.No.42986. Enclosure:

1 Xerox copy of Original Joint memo of compromise Crl.O.P(MD)No.14854 of 2015 31.07.2015 2P/5C AM/17.08.2015.

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