Sabari v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. Sabari

2. Navapriya

3. Muniyasamy

4. Rajeev ganesh

...Petitioners/Accused Nos.1 to 4

Vs.

1.The State of Tamil Nadu, represented by The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

(In Crime No.16/2021). ...1st Respondent/Complainant

2. Balakarthika ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the charge sheet in C.C.No.340 of 2022 on the file of the learned Judicial Magistrate, Vadipatti, and quash the same.

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For Petitioner : Mr.J.Barathan For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 : Mr.K.Guhan

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.340 of 2022 on the file of the learned Judicial Magistrate, Vadipatti.

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.16 of 2021 for the offences punishable under Sections 498(A), 406, 294(b), 506(ii) IPC and 4 of TNPWH Act against the petitioners. It appears that it is a matrimonial dispute. Now the defacto complainant decided to join with the 1st petitioner. 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. 2/5

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. 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 06.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.340 of 2022 pending on the file of the learned Judicial Magistrate Court, Vadipatti, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.340 of 2022, pending on the file of the learned Judicial Magistrate Court, Vadipatti, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form 3/5

part of this order.

11.04.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Judicial Magistrate Court, Vadipatti.

2. The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.

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

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G.ILANGOVAN ,J.

Indu Order made in Dated: 11.04.2023 5/5