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Madras High CourtCRL OP(MD)/6010/2021allowed

Mahalakshmmi v. Mahalakshmi

2021-09-23Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.6010 of 2021 1.Mahalakshmi 2.Sumathi ... Petitioners / Accused Nos.1 & 2 vs.

1.Mahalakshmi ... Respondent/ Defacto Complainant 2.State represented by The Inspector of Police, Thadikombu Police Station, Dindigul District.

In Crime No.157/2015 ... Respondent / Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to quash the proceedings in Crime No.157 of 2015 (on the file of the Inspector of Police, Thadikombu Police Station, Dindigul District) dated 19.4.2015. For Petitioners : Mr.T.Selvam For R1 : Mr.K.Marimuthu For R2 : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)

O R D E R

This petition has been filed to quash the Crime No.157 of 2015 pending on the file of the Inspector of Police, Thadikombu Police Station, Dindigul District, dated 19.4.2015.

2.The petitioners and the defacto complainat are the neighbours. The contention of the petitioners and the first respondent is that based on the complaint, lodged by the first respondent, the second respondent registered First Information Report, in Crime No. 157 of 2015, for the offences punishable under Sections 294(b) & 326 (A) IPC, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the first respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the first respondent and also by their respective counsels.

4.The petitioners and the first respondent appeared in person 1/3

before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.S.SundararajV.Mohmmed Khan, the Special Sub-Inspector of Police, Thadikombu Police Station, Dindigul District. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.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 08.04.2021, 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.157 of 2015 pending on the file of the Inspector of Police, Thadikombu Police Station, Dindigul District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.157 of 2015 pending on the file of the Inspector of Police, Thadikombu Police Station, Dindigul District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To ENCL:- Copy of Join Compromise Memo.

1.The Inspector of Police, Thadikombu Police Station, Dindigul District.

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

Crl.OP(MD)No.6010 of 2021 23.09.2021 DJ(CO) SB(08.10.2021) 3P 3C 3/3