Madras High CourtCRL OP(MD)/3134/2021allowed

Muniammal v. The Inspector Of Police

2021-04-08Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.7672 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2020

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.3134 of 2021 and Crl.MP(MD)No.1712 of 2021 1.Muniammal 2.Thirumalar @ Thirumathi ... Petitioners/Accused Nos.2 & 3 vs.

1.State Represented by The Inspector of Police, Elanjambur, Ramanathapuram District.

(Crime No.57 of 2019) ...1st Respondent/Complainant 2.Jothimuthu ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pursuant to the proceedings C.C.No.49 of 2020 on the file of the learned Judicial Magistrate, Mudhukulathur and quash the same so as to the petitioners concerned. For Petitioners : Mr.M.Iniyavan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.M.Murugan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.49 of 2020 on the file of the learned Judicial Magistrate, Mudhukulathur.

2.The matter was referred to Mediation and Conciliation Centre attached to this Bench on 01.03.2021 and after completion of mediation, a report was received from the Mediation Centre.

3. The mediation report shows that the matter was amicably settled between the parties and they also entered into Settlement Agreement on 29.03.2021 and the respondent / defacto complainant is not willing to prosecute the case and therefore, the petitioners would pray for quashing the proceedings in C.C.No.49 of 2020 on the file of the learned Judicial Magistrate, Mudhukulathur. 4.The Mediation Report and the Settlement Agreement are filed before this Court and the settlement on the following terms has been arrived between the parties :- https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7672 of 2021 A. The Defacto complainant/2nd respondent now agreed that the petitioners/accused Nos. 2 & 3 has not harassed her. B. The Defacto complainant and the petitioners agreed not to make any quarrel or harassment to each other. Thereafter, the defacto complainant agreed to withdraw the complaint in C.C.No.49 of 2020 on the file of the Judicial Magistrate, Mudukulathur. C. Amicably settlement arrived between the parties without any compulsion.

5. In the result, by recording the above Settlement Agreement, the Criminal Original Petition is allowed and the proceedings in C.C.No.49 of 2020 on the file of the learned Judicial Magistrate, Mudhukulathur, is quashed. The settlement agreement shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) Inclosed the Xerox copies of Settled Agreement 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 1.The Judicial Magistrate, Mudhukulathur.

2. -Do- Through the Chief Judicial Magistrate, Ramanathapuram 3.The Inspector of Police, Elanjambur,Ramanathapuram District.

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

Crl.O.P.(MD)No.3134 of 2021 and Crl.MP(MD)No.1712 of 2021 08.04.2020 CN(19.05.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2