N.S.Boopalan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3735 of 2023 and Crl.M.P.(MD).No.3339 of 2023 1.N.S.Boopalan 2.Thiruppathiyammal 3.N.S.Raja ... Petitioners/Accused 1,3,4 Vs.
1.The Inspector of Police, Thallakulam All Women Police Station, Madurai City.
(Crime No.28 of 2016) .. 1st Respondent/Complainant 2.Deepa ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the Special C.C.No.146/2017 pending before the learned Judicial Magistrate cum Additional Mahila Court, Madurai and quash the same as against the petitioner concerned. For Petitioners : Mr.P.Venkata Subramanian For R1 : Mr.S.Manikandan Government Advocate (Crl. side) For R2 : Mr.R.Rajesh 1/5
O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in Spl.C.C.No.146 of 2017 on the file of the learned Judicial Magistrate, Additional Mahila Court, 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.28 of 2016 for the offences punishable under Sections 498(A), 506(i) 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 Government Advocate (Crl. side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. It is a matrimonial Issue. Now the 2/5
husband and wife are living together. 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 07.03.2023, 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 Spl.C.C.No.146 of 2017 pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai in respect of the petitioners.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Spl.C.C.No.146 of 2017, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai 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. Consequently, connected miscellaneous petition is closed.
17.03.2023 Index : Yes/No Internet : Yes/No TM 3/5
To 1.The Judicial Magistrate, Additional Mahila Court, Madurai. 2.The Inspector of Police, Thallakulam All Women Police Station, Madurai City.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
TM 17.03.2023 5/5