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Madras High CourtCRL OP(MD)/8336/2023allowed

Sarojini v. The Inspector Of Police

2023-06-26Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Sarojini 2.Vijayalakshmi 3.Karthick ... Petitioners/Accused Nos.1 to 3 Vs.

1.The State rep. by, The Inspector of Police, Ambilikai Police Station, Dindigul District.

(Crime No.112 of 2016) ... 1st Respondent/Complainant 2.Krishnan ... 2nd Respondent/Defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned charge sheet in C.C.No.141 of 2017 on the file of the Learned Judicial Magistrate Court, Oddanchatram, and quash the same.

For Petitioners : M/s.M.Beulah Rani For Respondent No.1 : Mr.S.Manikandan Government Advocate (Crl. Side) For Respondent No.2 : Mr.R.Shankar Ganesh 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.141 of 2017 on the file of the Learned Judicial Magistrate Court, Oddanchatram.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.112 of 2016 for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

4.The petitioners and the 2nd respondent 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 Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 2/5

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 26.06.2023, 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.23 of 2022 pending on the file of the learned Judicial Magistrate, Radhapuram, Tirunelveli District in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.141 of 2017 pending on the file of the Learned Judicial Magistrate Court, Oddanchatram is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 26.06.2023 Index : Yes/No Internet:Yes/No trp 3/5

To 1.The Learned Judicial Magistrate Court, Oddanchatram,

2. The Inspector of Police, Ambilikai Police Station, Dindigul District.

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

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G.ILANGOVAN, J., trp 26.06.2023 5/5