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Madras High CourtCRL OP(MD)/5539/2021allowed

Sathiyauthiradevi v. The Inspector Of Police

2021-09-01Honourable Mr Justice G.Ilangovan2 pages

Crl.OP(MD).No.5539 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.5539 of 2021 and Crl.MP(MD)No.3177 of 2021 Sathiyauthiradevi ... Petitioner/Sole Accused vs.

1.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Crime No.125 of 2019) ... Respondent/Complainant 2.Rajeshwari ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in in C.C.No.03 of 2020 pending before the Judicial Magistrate No.I, Sivagangai, Sivagangai District in connection with the case in Crime No.125 of 2019 under Sections 294(b), 324, 506 (2) of IPC dated 13.03.2019 and quash the same as illegal as against the petitioner/accused. For Petitioner : Mr.D.Balamurugapandi For R1 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side) For R2 : Mr.T.Venkatesh

O R D E R

This petition is filed to quash the proceedings in C.C.No.03 of 2020 pending before the Judicial Magistrate No.I, Sivagangai, Sivagangai District.

2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.125 of 2019 for the offences punishable under Sections 294(b), 324, 506 (2) of IPC, against the petitioner.

3.The further contention of the petitioner is that she compromised the issue between her and the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the second respondent and also by their respective counsels.

4.The petitioner and the second respondent appeared in person along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Government Advocate (Criminal side) and Mrs.R.Chella Pandi, Special https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.5539 of 2021 Sub-Inspector of Police, Sivagangai Town Police Station, Sivagangai District. Both the parties to compromise 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 petitioner 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.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.03 of 2020 pending before the Judicial Magistrate No.I, Sivagangai, Sivagangai District, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) dss Note: In view of the present lock down owing to COVID-19 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 1.The Judicial Magistrate No.I, Sivagangai, Sivagangai District 2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

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

+2 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-27855[F] dated 02/09/2021 ) Crl.OP(MD)No.5539 of 2021 01.09.2021 https://hcservices.ecourts.gov.in/hcservices/ MGJ(21.03.2022) 2P 6C 2/2