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Madras High CourtCRL OP(MD)/6959/2015allowed

Thamilselvi, v. The Inspector Of Police

2015-04-17Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.6959 of 2015 1.Tamilselvi 2.Senthilkumar .. Petitioners vs.

1.Inspector of Police, Junction Police Station, Tirunelveli Junction, Tirunelveli District.

(Cr.No.1269 of 2013) 2.Parthiban ..Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with the impugned charge sheet in P.R.C.No.10 of 2014 in Crime No.1269 of 2013 pending on the file of the learned Judicial Magistrate Court No.4 Tirunelveli, Tirunelveli District and quash the same in so far as the petitioners are concerned. For petitioners : Mr.D.Selvaraj For R-1 : Mrs.S.Prabha Government Advocate (Crl. Side) For R-2 :Mr.A.S.Muniyarajan

ORDER

This Criminal Original Petition has been filed praying to quash the P.R.C.No.10 of 2014 in Crime No.1269 of 2013 pending on the file of the learned Judicial Magistrate Court No.4 Tirunelveli. 2.On a complaint given by the 2nd respondent/defacto complainant, the 1st respondent has registered a case in Crime No.1269 of 2013 and the charge sheet has been filed before the learned Judicial Magistrate No.4, Tirunelveli in P.R.C.No.10 of 2014 against the petitioners/ Accused, for the offences under Sections 307, 309 of IPC r/w 109 IPC.

3. The first petitioner and the second respondent are the husband and wife. The parties are present before this Court and they are identified by the respective learned counsels and both the parties have filed a compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the defacto complainant is not willing to prosecute the case.

4. The Court has also heard the learned counsel appearing on either side and perused the materials available on record.

5. Given the nature of offences, this Court accepts the compromise.

6. In the result, the Criminal Original Petition is allowed the proceedings in P.R.C.No.10 of 2014 on the file of the Judicial Magistrate No.4, Tirunelveli, is hereby quashed. The memo of compromise shall form part of the records.

Sd/- Assistant Registrar(crl.side) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub- Assistant Registrar

To

1. The Inspector of Police, Junction Police Station, Tirunelveli Junction, Tirunelveli District.

2.The Judicial Magistrate NO.4, Tirunelveli.

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

+1cc to M/s.D.Selvaraj, Advocate in SR.No.20394/15 sm:28.04.2015:2P/5C am Crl.O.P.(MD)No.6959 of 2015 17.04.2015 https://hcservices.ecourts.gov.in/hcservices/