Madras High CourtCRL OP(MD)/7164/2023allowed

M.Valarmathi v. The Inspector Of Police

2024-10-29Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.(MD)No.6202 of 2023 1.M.Valarmathi, W/o.N.Mathimaran 2.Nagalakshmi, W/o.P.Mahadevan 3.P.Mahadevan, S/o.S.Palaniappan ... Petitioners/A2 to A4 vs.

1.State Represented by The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District (Crime No.3 of 2023) ... 1st Respondent/Complainant 2.Murugalakshmi ... 2nd Respondent/Defacto - ` Complainant 3.Mohan (R3 is suo motu impleaded as per order of the Court dated 19.04.2023 in Crl.O.P.

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(MD)No.7164 of 2023 and Crl.M.P.(MD)No.6202 of 2023 by GIJ) Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the entire records relating to the First Information Report in Crime No.3 of 2023, dated 30.01.2023, on the file of the 1st respondent police and quash the same as against the petitioners.

For Petitioners : Mr.G.Govarthanan For R1 : Ms.M.Aasha Government Advocate (Crl. Side) For R2 : Ms.Laxmi Gopinathan for M/s.Polax Legal Solutions For R3 : Mr.T.Veldurai

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.3 of 2023, dated 30.01.2023, on the file of the 1st respondent police.

2. A joint compromise memo has been filed. The offence arises out of marital discord, and on perusal of the memorandum of compromise, it is seen that the parties have decided to part ways as friends. 2/4

3. In view thereof, following the principles laid down by the Hon'ble Supreme Court of India in B.S.Joshi & Ors. vs. State of Haryana & Anr. [(2003) 4 SCC 675] and the subsequent judgments, this is a fit case for exercise of inherent power of this Court under Section 482 of the Code of Criminal Procedure to quash the proceeding.

4. Accordingly, this Criminal Original Petition stands allowed, and the joint compromise memo shall form part of this order, and the case in Crime No.3 of 2023 on the file of the All Women Police Station, Sattur, Virudhunagar district shall stand quashed. Consequently, connected Criminal Miscellaneous Petition is also closed. 29.10.2024 NCC : Yes / No mkn To 1.The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 3/4

D.BHARATHA CHAKRAVARTHY, J.

mkn and Crl.M.P.(MD)No.6202 of 2023 29.10.2024 4/4