A.Amala John v. A.Maria Saniya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2024 CORAM :

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P(MD).No.14471 of 2020 and Crl.M.P(MD).No.6793 of 2020 A.Amala John ... Petitioner Vs.

1.A.Mary Saniya (Minor) 2.A.Amala Nitharsany (Minor) the minors rep. by their mother A.Mary stelma ... Respondents PRAYER:- Petition filed under Section 482 Cr.P.C., to call for the records relating to the order, dated 14.11.2019 in Revision Petition No.38 of 2018 on the file of the Principal Sessions Judge, Kanyakumari at Nagercoil confirming the order, dated 21.09.2017 in M.C.No.44 of 2016 on the file of the Chief Judicial Magistrate, Kanyakumari District at Nagercoil set aside the same and allow the Criminal Original Petition. For Petitioner : Mr. S. Xavier Rajini For respondents : Mr.V.Angussami 1/5

O R D E R

This Criminal Original Petition has been filed to call for the records relating to the order, dated 14.11.2019 passed in Revision Petition No.38 of 2018 on the file of the Principal Sessions Judge, Kanyakumari at Nagercoil confirming the order, dated 21.09.2017 made in M.C.No.44 of 2016 on the file of the Chief Judicial Magistrate, Kanyakumari District at Nagercoil and set aside the same.

2. It is submitted by both sides counsel that both petitioner and the first respondent have compromised the issue between them amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the first respondent and also by their respective counsels.

3. The petitioner and the first respondent appeared along with their respective counsels and also produced their Aadhar cards before this Court. Both the parties were enquired by me and they accepted the terms of compromise. Hence the Compromise Memo is recorded.

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4. Considering the totality of the circumstances and also in view of the joint compromise memo, dated 08.04.2024, this Court is of the opinion that no useful purpose will be served by keeping the matter pending.

5.In the result, the Criminal Original Petition stands allowed and the entire proceedings, dated 14.11.2019 made in Revision Petition No.38 of 2018 on the file of the Principal Sessions Judge, Kanyakumari at Nagercoil confirming the order, dated 21.09.2017 in M.C.No.44 of 2016 on the file of the Chief Judicial Magistrate, Kanyakumari District at Nagercoil is herbey set aside. The terms of joint compromise memo shall form part of this order. Consequently, the connected miscellaneous petition is closed.

08.04.2024 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order trp 3/5

To

1. The Principal Sessions Judge, Kanyakumari at Nagercoil.

2. The Chief Judicial Magistrate, Kanyakumari District at Nagercoil

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

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A.A.NAKKIRAN, J.

Trp Crl.O.P(MD).No.14471 of 2020 and Crl.M.P(MD).No.6793 of 2020 08.04.2024 5/5