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Madras High CourtCRL OP(MD)/5186/2025allowed

Dhanapandian @ Thanapandian v. The Inspector Of Police

2025-03-20Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Dhanapandian @ Thanapandian

2. Venkatesh@vengates

3. Sridevi ... Petitioners Vs

1. The Inspector of Police, Nainari Koil Police Station, Ramanathapuram District.

Cr No.94/2023.

2. Pavithra

3. Jeyanthi ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to call for the records in C.C.No.509 of 2023 on the file of the Judicial Magistrate Court, Paramakudi and quash the same against the petitioners herein.

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For Petitioners : Mr.Muthuvai Ilayaraja.K, For R1 : Mr.M.M.Vaikkam Karunanithi Government Advocate (Crl.Side) For R2 & R3 : Mr.P.T.Ramesh Raja

O R D E R

This petition has been filed by the petitioners to call for the records pertaining to C.C.No.509 of 2023 on the file of the Judicial Magistrate Court, Paramakudi for the offences under Sections 294(b) and 323of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No.94 of 2023 and quash the same.

2. According to the petitioners, the first petitioner and defacto complainant are husband and wife. Based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 94 of 2023 for the offences under Sections 294(b) and 323of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 2/5

3. When the matter was taken up for hearing, the learned counsel on both sides represented that during pendency of the case in C.C.No.509 of 2023, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

4. Today, the defacto-complainant and all the accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise as they are close relatives. A compromise memo, dated 27.01.2025 signed by the parties and their respective counsels, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences, the relationship between the parties and they have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed 3/5

and C.C.No.509 of 2023 on the file of the Judicial Magistrate Court, Paramakudi is quashed.

20.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To 1.The Judicial Magistrate Court, Paramakudi

2. The Inspector of Police, Nainari Koil Police Station, Ramanathapuram District.

Cr No.94/2023.

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

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P. DHANABAL, J.

LR 20.03.2025 5/5