Kelmon v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3114 of 2023 1.Kelmon 2.Rejinal 3.Merklin ... Petitioners/Accused 2, 4, 5 Vs.
1.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
(Crime No.32 of 2020) .. 1st Respondent/Complainant 2.Penchiyer ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, calling the records pertaining to C.C.No.23 of 2022 on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District, in connection to the Crime No.32 of 2020 on the file of the 1st respondent police and quash the same as against this petitioners. For Petitioners : Mr.K.K.Samy For R1 : Mr.R.Nambiselvan Additional Public Prosecutor For R2 : Mr.S.Veerapandi Selvaraj 1/5
O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.23 of 2022 on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.32 of 2020 for the offences punishable under Sections 147, 148, 448, 342, 294(b), 323, 324, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022 r/w Section 34 of IPC, against the petitioners. It appears that there is a small issue between the parties.
3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the 2/5
Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.
5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 22.01.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.23 of 2022 pending on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District in respect of the petitioners.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.23 of 2022, pending on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.
07.03.2023 Index : Yes/No Internet : Yes/No TM 3/5
To 1.The Judicial Magistrate, Radhapuram, Tirunelveli District. 2.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
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