← Library
Madras High CourtCRL OP(MD)/12379/2021allowed

Geetha v. The Inspector Of Police

2021-10-01Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.12379 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.12379 of 2021 and Crl.M.P.(MD).No.6329 of 2021

1. Geetha

2. Vijayakumar

3. Dinesh

4. Naveen ... Petitioners/Accused 1 to 4 Vs.

1. State rep. by the Inspector of Police, S.S.Colony Police Station, Madurai District.

(Crime No.404 of 2019) ... 1st Respondent/Complainant 2.Thenmozhi ... 2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the Charge sheet filed by the respondent police, taken in C.C.No.324 of 2020 pending on the file of the learned Judicial Magistrate-V and alter to Additional Mahila Court, Madurai and quash the same. For Petitioners : Mr.M.Ganesh Kamu For Respondents : Mr.R.Meenakshi sundaram, Additional Public Prosecutor For R1 Mr.M.Chinnadurai, For R2.

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the First Information Report in C.C.No.324 of 2020 on the file of the learned Judicial Magistrate-V and alter to Additional Mahila Court, Madurai, for the offences punishable under Sections 294(b), 448, 427, 323, 506(i) r/w 34 of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

3.The second respondent / defacto complainant as well as the petitioners/ accused 1 to 4 are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.12379 of 2021 issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the First Information Report.

4.The compromise memo is filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties, no purpose will be served in keeping the First Information Report pending.

5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.324 of 2021, on the file of the Judicial Magistrate-V and alter to Additional Mahila Court, Madurai is quashed. The joint compromise memo shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note:(i) 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 V,Madurai.

2.The Additional Mahila Court,Madurai.

3.The Inspector of Police, S.S.Colony Police Station,Madurai District.

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

Crl.O.P(MD)No.12379 of 2021 01.10.2021 MGJ/JGB(08.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2