Amirthavalli v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.13891 of 2017 1.Amirthavalli 2.Karpagam @ Karpagavalli ... Petitioners / Accused 2 & 3 -Vs1.The State rep.by The Inspector of Police, All Women Police Station, Madurai City. ..Respondent/Complainant

2. Vijayalakshmi ... Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the charge sheet in C.C.No.87 of 2015 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai and quash the same as against the petitioners.

For Petitioners :

Mr.S. Kameswaran For R-1 :

Mr.K.S. Duraipandian Additional Public Prosecutor ***

O R D E R

This Criminal Original petition is filed to call for the records relating to the charge sheet in C.C.No.87 of 2015 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai and quash the same as against the petitioners.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3. The second respondent lodged a complaint against her husband / A1 and her in-laws, who are the petitioners herein /

accused nos. 2 and 3. On the basis of the complaint preferred by the second respondent / de facto complainant, a case was registered by the first respondent police in Crime No.3 of 2015, for the offences under Sections 498(A) and 506(i) of IPC against the petitioners. Thereafter, the first respondent police has filed a charge sheet before the learned Judicial Magistrate, Additional Mahila Court, Madurai and the same was taken on file in C.C.No.87 of 2015.

4. It appears that parties viz., petitioners and the de facto complainant have settled their dispute amicably out of Court, at the instigation of the elders and well wishers and they have also entered into a compromise. A joint compromise memo signed by the parties concerned in the presence of their respective counsels is produced before this Court. As per the joint Compromise Memo, the second respondent has stated that she has no objection for quashing the Charge Sheet in C.C.No.87 of 2015 pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, insofar as the petitioners concerned, as they have resolved their dispute amicably.

5. As per the joint compromise memo, the petitioners and the second respondent, who have appeared before this Court have stated in unequivocal terms that the Joint Compromise Memo was signed by them on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Additional Public Prosecutor through the first respondent Police.

6. In the said circumstances, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, on the basis of the compromise memo signed by the parties, the Criminal Original petition is allowed and the proceedings pending in C.C.No.87 of 2015 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai is quashed in respect of the petitioners / A2 and A3 concerned. The Joint Compromise Memo signed by the parties shall form part of the order. Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To Encl: Xerox copy of Compromise memo

1. The Inspector of Police, All Women Police Station, Madurai City.

2. The learned Judicial Magistrate, Additional Mahila Court, Madurai

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

+ 1 cc TO Mr.S.Kameswaran , Advocate in SR No. 82911 trp AE/KP/SAR1/03.11.2017/3P/5C Crl.O.P.(MD) No.13891 of 2017 13.10.2017