M.Rajapandi v. The 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.5926 of 2023 M.Rajapandi ... Petitioner Vs.

1.State Rep. by The Inspector of Police, Narikudi Police Station, Virudhunagar District.

(Crime No.98/2020) 2.Marimuthu S/o.Periyavadai 3.Indra W/o.Senthikumar ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the proceedings in C.C.No.29 of 2023 pending on the file of the learned District Munsif Cum Judicial Magistrate Court, Thiruchuli and quash the same. For Petitioner :Mr.J.Senthil Kumaraiah For R1 :Mr.R.Suresh Kumar Government Advocate (Criminal Side) 1/5

For R2 :Mr.C.B.Naveen Chandran

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.29 of 2023 pending on the file of the District Munsif cum Judicial Magistrate, Thiruchuli.

2.The contention of the petitioner is that based on the complaint lodged by the 2nd and 3rd respondents, the 1st respondent registered the First Information Report in Crime No.98 of 2020 for the offences punishable under Sections 294(b), 323 of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 against the petitioner. 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 and 3rd respondents amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd and 3rd respondents and also by their respective counsels. 4.The petitioner and the 2nd and 3rd respondents 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 2/5

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 28.04.2023, 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.29 of 2023 pending on the file of the learned District Munsif cum Judicial Magistrate Court, Thiruchuli, in respect of the petitioner.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.29 of 2023 pending on the file of the learned District Munsif cum Judicial Magistrate Court, Thiruchuli, is hereby quashed in respect of the petitioner 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 Inspector of Police, Narikudi Police Station, Virudhunagar District.

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

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