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Madras High CourtCRL OP(MD)/3848/2019allowed

Palaniappan v. The Inspector Of Police,

2023-02-09Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3848 of 2019 and Crl.M.P.(MD).Nos.2250 & 2251 of 2019 1.Palaniappan 2.Nambi ... Petitioners Vs.

1.State, rep. by the Inspector of Police, Kundrakudi Police Station, Sivagangai District.

(Crime No.227 of 2017) 2.Valliammai ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the S.T.C.NO.1013 of 2018 pending on the file of the learned District Munsif-cum-Judicial Magistrate, Karaikudi and quash the proceedings as against the petitioners herein.

For Petitioner : Mr.P.Kalaiyarasi Bharathi For Respondents : Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) Mr.P.M.Visnuvarthan for R2 1/4

O RDER This Criminal Original Petition has been filed seeking to quash the proceedings in S.T.C.NO.1013 of 2018 pending on the file of the learned District Munsif-cum-Judicial Magistrate, Karaikudi, in respect of the petitioners.

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.227 of 2017 for the offences punishable under Sections 294(b), 323 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, against the petitioners. Pending this petition, the matter was referred to the Mediation Centre attached to this Bench, where, they have entered into an agreement. As per the agreement, the accused persons namely the petitioners herein have given an undertaking not to indulge in such sort of activities in future against the defacto complainant. Both parties signed in the above said agreement.

3.On the basis of the above said agreement entered between the petitioners and the second respondent, before the Mediation Centre, this criminal original petition is allowed. The proceedings pending against 2/4

the petitioners herein in S.T.C.No.1013 of 2018 on the file of the learned District Munsif - cum - Judicial Magistrate, Karaikudi, is hereby quashed. Consequently, connected miscellaneous petitions are quashed. 09.02.2023 Index : Yes/No Internet : Yes/No TM To 1.The District Munsif-cum-Judicial Magistrate, Karaikudi. 2.The Inspector of Police, Kundrakudi Police Station, Sivagangai District.

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

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G.ILANGOVAN. J.

TM 09.02.2023 4/4