Murugesan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.16485 of 2016 Murugesan : Petitioner/Sole Accused -vs1.State rep. By The Sub Inspector of Police, Puliyankudi Police Station, Tirunelveli District. : Respondent/Complainant 2.Suganya : Respondent/De-facto complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records for the Special Case No.108 of 2016 on the file of the Magalir Neethimandram (Mahila Court), Tirunelveli, in Crime No.501 of 2014 on the file of the Sub Inspector of Police, Puliyankudi Police Station, Tirunelveli District and quash the same as illegal and devoid of merits and pass such other or further orders.

For Petitioner : Mr.A.Uthaya Kumar For 1st Respondent : Mr.K.Anbarasan Govt. Advocate (Crl.Side) For 2nd Respondent : Mr.G.Vishnuram

O R D E R

This petition has been filed under Section 482 Cr.P.C., praying to call for the records for the Special Case No.108 of 2016, on the file of the Magalir Neethimandram (Mahila Court), Tirunelveli, in Crime No.501 of 2014 on the file of the Sub Inspector of Police, Puliyankudi Police Station, Tirunelveli District and quash the same.

2.Today when the matter is taken up for hearing, the petitioner/Sole Accused and the second respondent/de-facto complainant along with their counsel appeared in person. They have filed a joint Memorandum of compromise stating that the matter has already been compromised between the parties and the 2nd respondent/de-facto complainant has no objection to quash the entire proceedings in connection with Special Case No.108 of 2016, on the file of the Magalir Neethimandram (Mahila Court), Tirunelveli.

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3.It is stated in the compromise petition that the petitioner and 2nd respondent are close relatives and the 2nd respondent is the own uncle's daughter of the petitioner and both were loved each other more than three years and the petitioner has shown love and affection to the 2nd respondent and took almost care and diligence and the 2nd respondent agreed to perform the marriage and their marriage was duly performed at Mariamman Temple in the presence of their relatives and presently, both are living jointly and leading a peaceful life as husband and wife and now, the 2nd respondent realized her mistake and decided to give a quietus to the criminal case filed against the petitioner.

4.Considering the fact that the petitioner and the 2nd respondent are living as husband and wife and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

5.In view of that, this petition is allowed and the entire proceedings in respect of Special Case No.108 of 2016 on the file of the Magalir Neethimandram (Mahila Court), Tirunelveli, is quashed. The joint compromise memo shall form part of the record. Sd/- Assistant Registrar(RTI) /True copy/ Encl:Xerox copy of compromise memo Sub Assistant Registrar To, 1.The Magalir Neethimandram, (Mahila court) Tirunelveli 2.The Sub Inspector of Police, Puliyankudi Police Station, Tirunelveli District.

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

+1cc to M/s.A.Udhayakumar, Advocate SR.No.52119 er sm:sk-skn:SAR I:30/11/2016:2P/5C Crl.O.P.(MD) No.16485 of 2016 14.09.2016 https://hcservices.ecourts.gov.in/hcservices/