Muthukaruppan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Crl.O.P.(MD)No.8421 of 2019 1.Muthukaruppan 2.Nachammal 3.Thanammai 4.Seetha 5.Senthilkumar ... Petitioners Vs.

1.State of Tamil Nadu, The Inspector of Police, All Women Police Station, Karaikudi.

(Crime No.26 of 2014) 2.Kalyani ... Respondents PRAYER: 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.150 of 2015 on the file of the learned Judicial Magistrate, Karaikudi and to quash the same in respect of the petitioners. For Petitioners : Mr.K.Venkatachalam For R1 : Mr.K.K.Ramakrishnan Additional Public Prosecutor For R2 : Mr.K.A.V.Dinakaran

O R D E R

The present petition has been filed to quash the criminal proceedings in C.C.No.150 of 2015 on the file of the learned Judicial Magistrate, Karaikudi, for an alleged offence under Section 498(A) IPC and Section 4 of TNPWH Act.

2. Based on the complaint given by the second respondent a case in Crime No.26 of 2014 was registered against the petitioners, who

are the husband and in-laws of the second respondent / defacto complainant for the offence punishable under Section 489-A and Section 4 of TNPWH Act. After completion of investigation, charge sheet in this case has been filed before the learned Judicial Magistrate, Karaikudi and the same was taken on file in C.C.No.150 of 2015. Challenging the same, the present petition has been filed.

3. Today, when the matter is taken up for hearing, the learned counsel appearing for the respective parties submitted that the parties have settled the dispute between themselves and the second respondent / defacto complainant is not willing to proceed further in the criminal case. They have filed a memo of compromise to that effect.

4. Today, both the second respondent / defacto complainant and the petitioners / accused are present before this Court. On enquiry, the second respondent / defacto complainant submitted that there is no possibility of reunion with her husband / first petitioner, but they have arrived at a settlement and hence, she is not willing to proceed further in the criminal case.

5. Considering the fact that it is a matrimonial dispute and the second respondent is not willing to prosecute the case further as the issue between the parties had been settled amicably and also taking into account the memo of compromise, this Court is inclined to quash the criminal proceedings pending against the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the proceedings in C.C.No.150 of 2015 on the file of the learned Judicial Magistrate, Karaikudi is quashed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox Copy of Joint Compromise Memo.

To 1.The Judicial Magistrate, Karaikudi 2.The Inspector of Police, All Women Police Station, Karaikudi.lice Station, Karaikudi.

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

+2cc to Mr.V.MALAIYENDRAN, Advocate, SR.No. 69017 W.P.(MD)No.8421 of 2019 17.06.2019 TA KK/SAR/19.06.2019/3P-6C