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Madras High CourtCRL OP(MD)/8044/2019allowed

Rajalakshmi v. The Inspector Of Police

2022-02-24Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2022

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.8044 of 2019 and Crl.MP(MD)Nos.4981 & 4982 of 2019 1.Rajalakshmi 2.Rasu 3.Amutha ... Petitioners/Accused No.2, 3 & 4 vs.

1.The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

(Crime No.13 of 2017) ... 1st Respondent/Complainant 2.Manjula ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to the Final Report in P.R.C.No.26 of 2018 on the file of the learned Judicial Magistrate Court No.I, Ramanathapuram, and quash the same as illegal so far as the petitioners are concerned. For Petitioners : Mr.R.M.Arun Swaminathan For R1 : Mr.B.Nambi Selvan Additional Public Prosecutor For R2 : Mr.Abdul Kalam Azat

O R D E R

This petition has been filed to quash the proceedings in P.R.C.No.26 of 2018 on the file of the learned Judicial Magistrate Court No.I, Ramanathapuram.

2.It is a dispute between the husband and wife. The first accused and the defacto complainant are husband and wife. The petitioners herein are in-laws of the defacto complainant. The defacto complainant and her father appeared before this Court in person and would submit that they compromised the issue with the petitioners herein and also the first accused. The learned counsel for the petitioners would submit that in respect of first accused is concerned, separate petition has been filed.

3.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent 1/3

registered a case in Crime No.13 of 2017 for the offences punishable under Sections 376, 109, 450, 506(2) and 498(A) of IPC. 4.The further contention of the petitioners is that they want to compromise the issue with the second respondent amicably. A joint memo of compromise is filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

5.The petitioners and the second respondent are appeared in person along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Additional Public Prosecutor and Mr.M.Malathi, Women Head Constable-815, All Women Police Station, Ramanathapuram, Ramanathapuram District. Both the parties were enquired by me and they accepted the terms of compromise. Hence the Compromise Memo is recorded.

6. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 23.11.2020, this Court is of the opinion that no useful purpose will be served by keeping the matter pending.

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in P.R.C.No.26 of 2018 on the file of the learned Judicial Magistrate Court No.I, Ramanathapuram, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) Encl: Photocopy of Joint Compromise Memo attached. To 1.The Judicial Magistrate Court No.I, Ramanathapuram.

2.The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District.

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Copy to:

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

Crl.OP(MD)No.8044 of 2019 and Crl.MP(MD)Nos.4981 & 4982 of 2019 24.02.2022 MGJ(09.03.2022) 3P 4C 3/3