R.Rajesh Kumar v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19406 of 2016 R.Rajesh Kumar ... Petitioner/Accused No.1 -vs1.The State represented by Inspector of Police, All Women Police Station, Madurai South, Crime No.30 of 2014 ...1st Respondent/Complainant 2.R.Vaishnavi ... 2nd respondent/ Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records in pursuant to the charge sheet filed in C.C.No.25 of 2016 on the file of the Judicial Magistrate/Additional Mahila Court, Madurai and quash the same. For Petitioners : Mr.M.Karthikeya Venkitachalapathy For R-1 : Mr.P.Kannithevan, Government Advocate Crl.Side

O R D E R

This petition has been filed seeking to quash the charge sheet filed in C.C.No.25 of 2016 on the file of the Judicial Magistrate/Additional Mahila Court, Madurai.

2. It is seen that charge sheet is pending against the petitioners in C.C.No.25 of 2016 on the file of the Judicial Magistrate/Additional Mahila Court, Madurai, for the offence under Sections 498 A, 406, 341, 506 (i)IPC.

3. When the matter came up for hearing on 01.11.2016, the petitioner and the second respondent, appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned https://hcservices.ecourts.gov.in/hcservices/

Government Advocate (Crl.Side) through the respondent police and the learned counsel appearing for the petitioner submitted that the matter is now compromised out of the court and the petitioner is willing to donate a sum of Rs.50,000/- to Manithalayam Old Age Care Home, Water Falls Road, Kutladampatty, Vadipatty Taluk, Madurai District and the defacto complainant had no objection to quash the F.I.R., and in view of the same, the petitioners were permitted to pay the said amount to the said Old Age Care Home and the matter was directed to be listed for reporting compliance.

4. Today, when the matter is taken up for hearing, it is represented by the learned counsel for the petitioner that as agreed by the petitioner, a sum of Rs.50,000/- has been paid to Manithalayam Old Age Care Home, Water Falls Road, Kutladampatty, Vadipatty Taluk, Madurai District and a joint compromise memo, dated 27.09.2016 signed by both parties and their respective counsel has also been produced before this Court.

5. This Court is of the view that since the parties have arrived at an amicable settlement by way of compromise among themselves and the defacto complainant has no objection to quash the charge sheet filed in C.C.No.25 of 2016 on the file of the Judicial Magistrate/Additional Mahila Court, Madurai, no useful purpose would be served in keeping the matter pending.

6. Accordingly, this Criminal Original Petition is allowed and the charge sheet filed in C.C.No.25 of 2016 on the file of the Judicial Magistrate/Additional Mahila Court, Madurai, is hereby quashed, insofar as the petitioner is concerned. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar ENCL: HEREIN ENTER JOINT COMPROMISE MEMO ENCLOSED. To 1.The Judicial Magistrate/Additional Mahila Court, Madurai. 2.The Inspector of Police, All Women Police Station, Madurai South, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 cc to M/s.M.Karthikeya Venkitachalapathy, Advocate in SR.No. 66681 pm CSL/SKS-RR/07.12.2016: 2P/5C Crl.O.P.(MD)No.19406 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 08.11.2016