Alwin Arputharaj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD) No.5807 of 2025 Alwin Arputharaj ... Petitioner Vs.

1.State of Tamil Nadu rep. by the Sub-Inspector of Police, Aruppukkottai Taluk Police Station, Virudhunagar District.

Crime No.187 of 2024 2.Angayaarkanny

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records pertaining to the C.C.No.219 of 2024 on the file of the learned Judicial Magistrate, Aruppukotai, Virudhunagar District and quash the same as illegal. For Petitioners : Mr.Palaniyandi NA For R1 : Mr.M.Karunanithi Government Advocate (Crl. Side) For R2 : Mr.J.Prabu 1/5

ORDER

This petition has been filed by the petitioner/sole accused to call for the records pertaining to the C.C.No.219 of 2024 on the file of the learned Judicial Magistrate, Aruppukotai, Virudhunagar District, for the offences under Sections 296(b) and 131 of BNS r/w under Section 4 of TNPHW Act, in Crime No.187 of 2024 and quash the same.

2. According to the petitioner, the 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. 187 of 2024 for the offences under Sections 296(b) and 131 of BNS, 2023 and 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

3. When the matter was taken up for hearing, the learned counsels on both sides represented that the matter has been amicably settled between the parties and to that effect, they have entered into a compromise as they are husband and wife and the same was filed before this Court.

4. Today, the defacto-complainant and the petitioner are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise as they are 2/5

husband and wife. A compromise memo, dated 07.04.2025 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 and C.C.No.219 of 2024 on the file of the learned Judicial Magistrate, Aruppukotai, Virudhunagar District, is quashed. The compromise memo dated 07.04.2025 filed by the parties shall form part of this order. 09.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes Rmk 3/5

To 1.The Judicial Magistrate, Aruppukotai, Virudhunagar District. 2.The Sub-Inspector of Police, Aruppukkottai Taluk Police Station, Virudhunagar District.

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

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P. DHANABAL , J.

Rmk Crl.O.P.(MD)No.5807 of 2025 09.04.2025 5/5