Nalla Thambi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Nalla Thambi 2.Santhi 3.Sabitha 4.Jeevitha 5.Murugan @ Periyakaruppan

...Petitioners 1 to 5 /

Accused No. 1 to 5 Vs.

1.The State, represented by The Inspector of Police, Usilampatti All Women Police Station, Madurai District, Crime No. 33 of 2022.

...1st Respondent/Complainant 2.Meena ...2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in crime number 33 of 2022 in Usilampatti All Women Police Station, Madurai District.

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For Petitioners : Mr.Maruthupandian.M For 1st Respondent : Mr.S.Manikandan Government Advocate (Crl. Side) For 2nd Respondent : Mr.Parthiban

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to call for the records and quash the FIR in crime number 33 of 2022 in Usilampatti All Women Police Station, Madurai District.

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.33 of 2022 for the offences punishable under Sections 498(A), 406, 506(i) of IPC against the petitioners. 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 matter is resolved between the parties, by which, this petition has been filed to annul the marriage. The defacto complainant is present before this Court and submitted that she is not going to claim any maintenance from the first accused.

5. 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.

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 09.03.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.33 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 3/5

7. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.33 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 15.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu To 1.The Inspector of Police, Usilampatti All Women Police Station, Madurai District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

Indu Order made in Dated: 15.03.2023 5/5