Rebistan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.4427 of 2024 1.Rebistan 2.Selvi 3.Ramya 4.Ramela

...Petitioners

vs 1.State represented by The Inspector of Police, All Women Police Station, Thoothukudi.

2.Shirly

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to call for the records relating to the charge sheet in C.C.No.184 of 2022, dated 19.11.2021 on the file of the Judicial Magistrate -VI, Thoothukudi and to quash the same as against the Petitioners. 1/5

For Petitioners : Mr.T.J.Ebenezer Charles For R1 : Mr.M.Veeranthrian Government Advocate (crl.side) For R2 :Ms.P.Sheela ****

O R D E R

The Criminal Original Petition had been filed seeking to quash the charge sheet in C.C.No.184 of 2022, on the file of the Judicial Magistrate - VI, Thoothukudi as against the Petitioners are concerned. 2.MrT.J.Ebenezer Charles, learned Counsel [Enrl.No.

1996/2007/Mob.No.9789103326], who filed vakalat on behalf of the Petitioners/Accused, Mr.M.Veeranthiran, learned Government Advocate (Crl.side) appearing on behalf of the first Respondent and Ms.P.Sheela, learned Counsel (Enrl.No.2026/2005/Mob.No.6374514272], who filed vakalat on behalf of the second Respondent are present in Court. 3.The learned Counsel for the Petitioners submitted that the Petitioners are arraigned as A1 to A4 in C.C.No.184 of 2022 on the file of the Judicial Magistrate -VI, Thoothukudi. Pending trial, the Accused and 2/5

the de-facto Complainant had arrived at an amicable settlement, thereby, the first Accused and the second Respondent had decided to file a Petition for divorce by consent. Therefore, the de-facto Complainant does not want to proceed with the trial. A joint compromise memo had also been filed before this Court by the learned Counsel for the Petitioners and the learned Counsel for the second Respondent/de-facto Complainant. 4.The learned Government Advocate (crl.side), on instructions from the first Respondent, submitted that the compromise arrived at between the parties are bona fide.

5.The first Respondent had also filed a status report, in which, it is stated that during the pendency of the investigation, the accused and the defacto Complainant had arrived at an amicable settlement and they are also identified with their copy of the Aadhar.

6.In the light of the status report filed by the first Respondent, the joint compromise memo filed by the parties concerned is recorded. Accordingly, the Criminal Original Petition is allowed and the charge 3/5

sheet C.C.No.184 of 2022, on the file of the Judicial Magistrate -VI, Thoothukudi is quashed in so far as the Petitioners are concerned. Internet :Yes/No 22.03.2024 Index :Yes/No NCC :Yes/No cmr To 1.The Judicial Magistrate -VI, Thoothukudi 2.The Inspector of Police, All Women Police Station, Thoothukudi.

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SATHI KUMAR SUKUMARA KURUP , J.

cmr CRL.O.P(MD)No.4427 of 2024 22.03.2024 5/5