O.R.Prabukutty v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3058 of 2023 1.O.R.Prabukutty 2.R.Suganya 3.O.M.Ramesh Babu ... Petitioners/Accused 1 to 3 Vs.

1. The Inspector of Police, Madurai Town All Women Police Station, Madurai District.

(In Crime No.12 of 2021) ... Respondent/Complainant

2. Meena.T.C ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the Crime No.12/2021 and C.C.No.2395/2022 pending before the Additional Mahila Court, JM Level, Madurai and quash the same.

For petitioner : Mr.N. Chandran For R1 : Mr. S.Manikadan Government Advocate (Crl. side) For R2 : Mr.P.Ganesan 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.2395 of 2022 on the file of the learned Judicial Magistrate, Additional Mahila Court, JM Level, Madurai,. 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.12 of 2021 for the offences punishable under Sections 498(A) & 406 of IPC.

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 Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise.

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5.The defacto complainant is present before this Court and stated that pursuance of the compromised reached between them, Rs. 16,00,000/- (Rupees Sixteen Lakhs only) have been deposited in her name by the husband as one time settlement.

6.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 15.02.2023, 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.2395 of 2022 pending on the file of the learned Judicial Magistrate, Additional Mahila Court, JM Level, Madurai, in respect of the petitioners. 7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.2395 of 2022, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, JM Level, Madurai, is hereby quashed in respect of the petitioners alone. The 3/5

compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

16.03.2023 Index : Yes/No Internet : Yes/No TM To 1.The Judicial Magistrate, Additional Mahila Court, JM Level, Madurai. 2.The Inspector of Police, Madurai Town All Women Police Station, Madurai District.

(In Crime No.12 of 2021) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 16.03.2023 5/5