Madras High CourtCRL OP(MD)/10381/2021allowed

G.Umamaheswari v. The Inspector Of Police

2021-11-18Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.10381 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.10381 of 2021 1.G.Umamaheswari 2.B.Govindharaj ... Petitioners Vs.

1.The State Rep by The Inspector of Police, District Crime Branch, Thanjavur, Thanjavur District.

(Crime No.12 of 2016) 2.Manimala ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the proceedings in C.C.No.44 of 2020 on the file of the Judicial Magistrate No.I, Kumbakonam and quash the same.

For Petitioners : Mr.S.Arivalagan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.M.Selvakumar for R2.

O R D E R

This criminal original petition has been filed for quashing the impugned proceedings in C.C.No.44 of 2020 on the file of Judicial Magistrate No.I, Kumbakonam.

2.The defacto complainant/Manimala is present before this Court in person. She has been identified by Mr.N.Gangatharan, Sub Inspector of Police attached to ALGSC Police Station, Thanjavur. The defacto complainant categorically stated before me that she had got back the property and that she has no objection for quashing the impugned proceedings. The parties have also filed a joint memo of compromise dated 18.07.2021. When the parties have arrived at an amicable settlement and the defacto complainant does want to pursue https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.10381 of 2021 the matter, no purpose will be served in keeping the impugned prosecution alive. The impugned proceedings are quashed and the criminal original petition is allowed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ias Encl: Photocopy of Compromise Memo Attached.

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate No.I, Kumbakonam.

2.The Inspector of Police, District Crime Branch, Thanjavur, Thanjavur District.

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

Crl.O.P(MD)No.10381 of 2021 18.11.2021 MGJ/NS(25.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2