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Madras High CourtCRL OP(MD)/16164/2016disposed of

Thangaraj v. The Inspector Of Police

2018-08-13Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).Nos.16164, 22700 and 22717 of 2016 and Crl.M.P(MD)Nos.7852, 7853, 11886 and 11887 of 2016 Crl.O.P.(MD).Nos.16164 of 2016 1.Thangaraj 2.Kalaiyarasi @ Kalaiselvi

...Petitioners/Accused Nos.2 &3

Vs.

1.The Inspector of Police, All Women Police Station, 2.R.Pappathi Banupriya

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for records in C.C.No.90 of 2016 on the file of the learned Judicial Magistrate (Additional Mahila Court), Madurai and quash the charge sheet and consequential further proceedings so far as against the petitioners are concerned. For Petitioners :Mr.D.Shanmugaraja Sethupathi For R1 :Mr.M.Chandrasekaran Additional Public Prosecutor For R2 : Mr.A.S.Vaigundh for M/s.G.Thalaimutharasu Crl.O.P(MD).No.22700 of 2016 R.Pappathi Banupriya ... Petitioner/ defacto complainant Vs.

1.The State rep by its the Inspector of Police, All Women Police Station, (Crime No.103 of 2013)

2.Mathanraj 3.M.Thangaraj 4.Kalaiarasi @ Kalaiselvi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to direct the first respondent to recover the petitioner/defacto complainant's passport, educational certificate and gold jewels involved in the case in Crime No.103 of 2013 pending on their file by exercising their power under law and restore the petitioner/defacto complainant with the same. For Petitioner : Mr.A.S.Vaigundh for M/s.G.Thalaimutharasu For R1 : Mr.M.Chandrasekaran Additional Public Prosecutor For R2 to R4 : Mr.J.Sulthan Basha for M/s.Ajmal Associates Crl.O.P(MD).No.22717 of 2016 Mathanraj ... Petitioner/ Accused No.1 Vs.

1.The State rep by its the Inspector of Police, All Women Police Station, (Crime No.103 of 2013) 2.Pappathi Banupriya

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the charge sheet in C.C.No.90 of 2016 on the file Judicial Magistrate Additional Mahila Court, Madurai and quash the same as illegal as against this petitioner.

For Petitioner : Mr.J.Sulthan Basha for M/s.Ajmal Associates For R1 : Mr.M.Chandrasekaran Additional Public Prosecutor For R2 : Mr.A.S.Vaigundh for M/s.G.Thalaimutharasu

COMMON ORDER These Criminal Original Petitions have been filed to quash the proceedings in C.C.No.90 of 2016 on the file Judicial Magistrate (Additional Mahila Court), Madurai.

2. The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Common Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copy of the Aadhaar Card and the same is made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The defacto complainant is represented by her father viz., Rajendran. Madhanraj/A1 is not present before this Court in person and he is working abroad and he is not able to enter the country, since a look out notice has been issued against him. However, for the purpose of his identity, a copy of Aadhaar Card issued in his favour has been filed before this Court.

4. Under such circumstances, no useful purpose will be served in keeping the proceeding in C.C.No.90 of 2016 pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes C.C.No.90 of 2016 on the file Judicial Magistrate (Additional Mahila Court), Madurai.

5. These Criminal Original Petitions stand allowed and as a sequel, the proceedings in C.C.No.90 of 2016 on the file Judicial Magistrate (Additional Mahila Court), Madurai, is quashed and the terms of Common Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.750/- (Rupees Seven Hundred and Fifty only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Crl. side) /True Copy/ Sub Assistant Registrar(CS-IV)

Enclosure: Xerox Copy of Joint Compromise Memo To 1.The Judicial Magistrate (Additional Mahila Court), Madurai.

2.The All Women Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

COPY TO:

The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).Nos.16164, 22700 and 22717 of 2016 and Crl.M.P(MD)Nos.7852, 7853, 11886 and 11887 of 2016 13.08.2018 rmk JM/SKN RSK/SAR 4/20.08.2018/4P/5C