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Madras High CourtCRL MP(MD)/5497/2024dismissed

Mathavi.M v. The Sub Inspector Of Police

2024-07-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Friday, the Fifth day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL MP(MD). Nos.5497 and 5498 of 2024 in CRL OP(MD).Nos.11629 and 11611 of 2022 CRL MP(MD).No.5497 of 2024 M.Mathavi ... Petitioner/Sole Accused Vs

1. The Sub Inspector of Police Alagappapuram Police Station, (Crime No. 15 of 2015) ... Respondent/ Complainant

2. E.Stephen Xavier

...Respondent/Defacto Complainant

3. A.Sureshkumar

4. R.Saisivaraman

5. S.Mohamed Riyas ... Respondents/ Victims Prayer CRL MP(MD). No.5497 of 2024:- This Criminal Miscellaneous Petition is filed under Section 482 of Cr.P.C to Restore the main Criminal Original Petition filed by the petitioner in Crl.OP(MD). No.11629 of 2022 which was dismissed by this Court on the ground of nonprosecution on 06.03.2024 and further enable the petitioner to adjudicate the same in accordance with law.

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Prayer CRL OP(MD). No.11629 of 2022:- This Criminal Original Petition filed under Section 482 of Cr.P.C to call for the entire records pertaining to the case in C.C No. 267 of 2022 on the file of the learned Judicial Magistrate, Karaikudi, Sivagangi district and quash the same. CRL MP(MD).No.5498 of 2024

1. M.Mathavi

2. Devi @ Anjalidevi ... Petitioner/ Accused No. 1 & 2 Vs

1. The Inspector of Police, Karaikudi Crime Branch Police Station, (Crime No. 474 of 2013) ... Respondent/ Complainant

2. Karthick

...Respondent/Defacto Complainant

3. M.Nagarajan

4. K.Sethumurugesan

5. R.Karthick ... Respondents/ Victims Prayer CRL MP(MD). No.5498 of 2024:- This Criminal Miscellaneous Petition is filed under Section 482 of Cr.P.C to Restore the main Criminal Original Petition filed by the petitioner in Crl.OP(MD). No.11611 of 2022 which was dismissed by this Court on the ground of nonprosecution on 06.03.2024 and further enable the petitioner to adjudicate the same in accordance with law.

Prayer CRL OP(MD). No.11611 of 2022:- This Criminal Original Petition filed under Section 482 of Cr.P.C to call for the entire records pertaining to the case in C.C No. 228 of 2022 on the file of the learned Judicial Magistrate, Karaikudi, Sivagangi district and quash the same. ORDER:- These Petitions coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of 2/4

Mr. S.Balaji, Advocate for the Petitioners and of Mr. E.Antony Sahaya Prabahar, Additional Public Prosecutor Advocate for the respondent No.1, this Court made the following order:

"These criminal miscellaneous petitions have been filed to restore the main petitions in Crl.O.P.(MD)No.11629 & 11611 of 2022, which were dismissed for nonprosecution on 06.03.2024. 2.The learned counsel appearing for the petitioner submits that the matter has been amicably settled between the parties and hence, the cases may be restored for recording the compromise.

3.Though the petitioner settled the issue with the defacto complainant, this Court is not inclined to entertain these petitions. Accordingly, these criminal miscellaneous petitions are dismissed with liberty to the petitioner to file a fresh petition for quash along with joint compromise memo. Registry is directed to return the original certified copies, if any. "

Sd/- Assistant Registrar(CS-III) // True Copy // /08/2024 Sub Assistant Registrar (CS - I/ II / III /IV) 3/4

TO

1. The Sub Inspector of Police Alagappapuram Police Station,

2. The Inspector of Police, Karaikudi Crime Branch Police Station,

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

Copy to:

1. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai 2.The Judicial Magistrate, Karaikudi, Sivagangai District +1CC to Mr. D.Shanmugaraja Sethupathi, SR No.33006 ORDER DATED : 05/07/2024 ==========================

ORDER

========================== CRL MP(MD). Nos.5497 and 5498 of 2024 in CRL OP(MD).Nos.11629 and 11611 of 2022 SI/01.08.2024 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4