Senthilkumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN and Crl.M.P.(MD).No.6060 of 2023 1.Senthilkumar 2.Sankar ... Petitioners Vs.

1.State Rep. by The Sub-Inspector of Police, Achanpudur Police Station, Tirunelveli District, (Now after Bifurcation) Tenkasi District.

2.Murugaiah S/o.Iyyamperumal ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the C.C.No.75 of 2022 on the file of the learned Judicial Magistrate, Sengottai and quash the same. For Petitioners :Mr.AL.Kannan For R1 :Mr.B.Nambiselvan Additional Public Prosecutor For R2 :Mr.V.Uthayakumar 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.75 of 2022 pending on the file of the Judicial Magistrate, Sengottai.

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.362 of 2019 for the offences punishable under Sections 294(b), 323, 506(ii) and 427 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022, against the petitioners. It appears that there is a small issue between the parties. 3.The further contention of the petitioner is that they compromised the issue with the 2nd respondents 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.

4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted 2/5

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 17.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.75 of 2022 pending on the file of the Judicial Magistrate, Sengottai, in respect of the petitioners.

6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.75 of 2022 pending on the file of the Judicial Magistrate, Sengottai, is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed.

28.04.2023 NCC :Yes / No Index :Yes / No Internet :Yes / No sbn 3/5

To 1.The Sub-Inspector of Police, Achanpudur Police Station, Tirunelveli District, (Now after Bifurcation) Tenkasi District.

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

4/5

G.ILANGOVAN, J., sbn 28.04.2023 5/5