Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN

1. Ramesh

2. Chellammal

3. Paramasivam

4. Kayathri

5. Vinoth

6. Muppudathi

7. Thulaseedharan

8. G.Sree Krishnan ... Petitioners Vs

1. The Inspector of Police, All Women Police Station, Tenkasi District. Crime No.1/2021.

2. Karthika ... Respondents 1/6

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court, call for the records of the complaint in CC No.208/2022 on the file of the learned District Munsif cum Judicial Magistrate Shencottai, Tenkasi District and quash the same.

For Petitioners : Mr. Moorthy.S For R1 : Mr.S.Manikandan, Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.208 of 2022 on the file of the learned District Munsif cum Judicial Magistrate Shencottai, Tenkasi District . 2.Today, when the matter is taken up for hearing, the defacto complainant/2nd respondent appeared before this Court and stated that a sum of Rs.4 lakhs has been fixed as permanent alumony and out of which, three lakhs had been paid to the second respondent and the remaining amount of Rs.1 lakh will be paid at the time of making settlement in H.M.O.P.No.213 of 2023, on the file of Additional Sub Court, Tenkasi. 2/6

3.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.1 of 2021 for the offences punishable under Sections 147, 498(A), 294(b), 323, 506(i) IPC and 4 of TNPHW Act, 2002, against the petitioners.

4.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. 5.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 Government Advocate (Crl.Side) and the Investigation Officer.

6.Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 3/6

7.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 27.06.2023, 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.208 of 2022 pending on the file of the learned District Munsif cum Judicial Magistrate Shencottai, Tenkasi District in respect of the petitioners.

8.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.208 of 2022, pending on the file of the learned District Munsif cum Judicial Magistrate Shencottai, Tenkasi District 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.

28.06.2023 NCS : Yes/No Index : Yes / No Internet: Yes/ No PNM To 4/6

1. The District Munsif cum Judicial Magistrate Shencottai, Tenkasi District

2. The Sub Inspector of Police, Thiruppalaikudi Police Station, Ramanathapuram District.

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

5/6

G.ILANGOVAN, J.

PNM ORDER IN 28.06.2023 6/6