Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Raja 2.Kothandam 3.Rajammal 4.Rajathi @ Rajeswari ... Petitioners/Accused No.1 to 4 Vs.

1.State represented by The Inspector of Police, All Women Police Station, Madurai Town, In Crime No.5 of 2018 ... 1st Respondent/Complainant 2.Amutha ... 2nd Respondent/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned C.C.No.953 of 2019 on the file of the Additional Mahila Court, Madurai and quash the same.

For Petitioners : Mr.S.Saravanakumar For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.D.Sakthivel Murugan

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.953 of 2019 on the file of the learned Judge, Additional Mahila Court, Madurai.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.5 of 2018 for the offences punishable under Sections 498(A), 406, 294(b) and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, against the petitioners.

3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

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4.The petitioners and the 2nd respondent appeared through video conference from the Office of the learned Government Advocate (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. Both the parties 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 petitioners and also in view of the joint compromise memo, dated 22.04.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.

953 of 2019 pending on the file of the learned Judicial Magistrate, Tiruchendur is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.953 of 2019, pending on the file of the learned Judge, Additional Mahila Court, Madurai, is hereby quashed and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 (Encl : Joint Compromise Memo) 1.The Additional Mahila Court, 2.The Inspector of Police, All Women Police Station, Madurai Town, 2/3

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.S.SARAVANA KUMAR, Advocate ( SR-27229[F] dated 25/08/2021 ) Crl.O.P.(MD)No.6068 of 2021 24.08.2021 RS (03.09.2021) 3P 5C 3/3