Madras High CourtCRL OP(MD)/4593/2020allowed

Arunchenthil v. The Inspector Of Police

2022-04-20Honourable Mr Justice N. Sathish Kumar2 pages

Crl.O.P.(MD)No.4593 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.[MD].No.4593 of 2020 and CRL.M.P.[MD]Nos.2597 & 2598 of 2020 1.Arunchenthil 2.Nageswari@Nagu 3.Rengammal 4.Sabarish 5.Maharaja Pillai 6.Perumalpillai ... Petitioners / Accused Nos.1 to 6 Vs.

1.The Inspector of Police, All Women Police Station, Nagercoil.

Crime No.23 of 2018 ... 1st Respondent / Complainant 2.Janapriya ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in C.C.No.79 of 2019 on the file of the learned Judicial Magistrate, Boothapandy, Kanyakumari District, quash the same as against these petitioners.

For Petitioners : Mr.N.Mohideen Basha For R1 : Mr.S.Manikandan, Government Advocate.

For R2 : Mr.P.Veerapandi

ORDER

This Criminal Original Petition is filed to quash the final report filed in C.C.No.79 of 2019 on the file of the learned Judicial Magistrate, Boothapandy, Kanyakumari District.

2. When the matter came up for hearing on 06.04.2022, the defacto complainant / 2nd respondent and the first petitioner were present and they were agreed to settle the matter after exchange of certain property. Hence, the matter was directed to be listed today.

3. Today, the husband and the defacto complainant viz., the first petitioner and the defacto complainant are present and they have filed a joint memo of compromise. Further, both of them have agreed to dissolve the marriage by mutual consent and also agreed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.4593 of 2020 not to prosecute against each others in future. The said Joint memo of compromise filed by the first petitioner and the defacto complainant is recorded and taken on file.

4. Considering the facts and circumstances of the case and also considering the fact that, as the entire issue is only the matrimonial dispute and both parties have settled the issues amongst themselves, continuing the prosecution against the husband and his family members is nothing but a futile exercise, this Court is inclined to quash the proceedings against the petitioners.

5. Accordingly, this Criminal Original Petition is allowed and the final report filed against the petitioners in C.C.No.79 of 2019 on the file of the learned Judicial Magistrate, Boothapandy, Kanyakumari District. is quashed.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) VSM To 1.The Judicial Magistrate, Boothapandy, Kanyakumari District.

2.The Inspector of Police, All Women Police Station, Nagercoil.

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

+3 CC to M/s.N. MOHINDEE BASHA, Advocate ( SR-19832[F] dated 20/04/2022 ) CRL.O.P.[MD].No.4593 of 2020 20.04.2022 SVS(CO) KB(09.05.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2