Marisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20698 of 2016 1.Marisamy 2.Balamurugan 3.Subulakshmi ... Petitioner/A1 to A3 -vs1.State represented by Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District, (Crime No.1 of 2015) ..1st Respondent/Complainant 2.Murugalakshmi ...2nd Respondent/Defacto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the criminal proceedings in C.C.No.123 of 2015 on the file of the learned Judicial Magistrate Court No.II, Srivilliputhur and quash the same.

For Petitioner :

Mr.R.Venkatesan For R1 :

Mr.P.Kannithevan Government Advocate(Crl.side) For R2 :

Mr.G.Ravisankar

O R D E R

This petition has been filed seeking to quash the criminal proceedings in C.C.No.123 of 2015 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, pursuant to the amicable settlement effected between the parties. 2.2. It is seen that a case in Crime No.1 of 2015 for the alleged offences under Sections 498(A), 506(i) IPC and Section 4 of DP Act and Section 4 of TNPWH Act has been registered against the petitioners/A1 to A3. After completion of investigation, charge sheet has been filed and the same has been taken on file in C.C.No.123 of 2015 on the file of the learned Judicial Magistrate No.II, Srivilliputhur.

3. When the matter is taken up for hearing, the petitioners/A1 to A3 and the second respondent, appeared in person and their identifications were also verified by this Court. Learned counsel appearing for the parties also endorsed the identity of their respective parties.

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4. The learned counsel appearing on either side filed a joint memo of compromise dated 18.04.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to quash criminal proceedings in C.C.No.123 of 2015 on the file of the learned Judicial Magistrate No.II, Srivilliputhur. 5.Considering the nature of allegations and in view of joint memo of compromise dated 18.04.2016, this Court is of the opinion that no useful purpose would be served in keeping the proceeding pending. Therefore, criminal proceeding in C.C.No.123 of 2015 on the file of the learned Judicial Magistrate No.II, Srivilliputhur, in respect of the petitioners/A1 to A3 is hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 18.04.2016 shall form part of this order.

Herewith attached the xerox copy of the Joint Compromise Memo Sd/ Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar.

To:

1.

The Judicial Magistrate No.II,Srivilliputhur.

2. The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District, 3.

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

+1CC to M/S. R.Venkatesan,Advocate, SR.No. 68386 Crl.O.P.(MD) No.20698 of 2016 14.11.2016 CM AM/KM/07.12.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/