Madras High CourtCRL OP(MD)/2017/2022allowed

J.Aadhavan v. The Inspector Of Police

2022-02-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.2017 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.2017 of 2022 J.Aadhavan ... Petitioner/ Sole Accused Vs.

1.The State represented by, The Inspector of Police, Samayanallur Police Station, Madurai District.

(Crime No.141 of 2017) ... 1st Respondent/ Respondent 2.Ramalakshmi ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the proceeding in impugned chargesheet in Spl.S.C.No.51 of 2019 on the file of the Additional Sessions Court III, (PCR Court), Madurai and quash the same.

For Petitioner : Mr.S.Vishnuvardhan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) for R.1

ORDER

This Criminal Original Petition has been filed to quash the impugned proceedings. The case arises under Section 294(b) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3(1)(v) of Scheduled Caste / Scheduled Tribes (Prevention of Atrocities) Act, 2002.

2. The defacto complainant Ramalakshmi is present in person before this Court.

She has been duly identified by Thiru.A.Palanichamy, SSI of Police, Samayanallur Police Station, Madurai. The defacto complainant has received a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) from the Department as https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2017 of 2022 compensation. She undertakes to return the same to the Department within a period of four weeks from the date of receipt of copy of this order. The first respondent is directed to verify the same and file an intimation report before this Court. If the second respondent has adhere to the undertaking, the concerned Department will accept the return of the amount to be made by the defacto complainant. The parties have filed a joint Memo of Compromise dated 19.01.2022. The impugned proceedings is quashed. This Criminal Original Petition is allowed. The Compromise Memo shall form part of the record.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

To Enclose copy of Joint Compromise Memo.

1.The III Additional Sessions Judge, (PCR Court), Madurai.

2.The Inspector of Police, Samayanallur Police Station, Madurai District.

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

Copy to 1.The Registrar(Judicial), Madurai Bench of Madras High Court, Madurai.

2.The District Collector, Madurai District, Madurai.

Crl.O.P(MD)No.2017 of 2022 01.02.2022 RK(01/03/2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2