N.Paramasivam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN

1. N.Paramasivam

2. P.Jayaradha

3. A.Arumugam .... Petitioners/Accused Nos.2 to 4 Vs.

1.The Inspector of Police, Rep by State, All Women Police Station, Dindigul District ... 1st Respondent/Complainant 2.Aarthi ... 2nd Respondent/Defacto Complainant.

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to pass an order to call for the entire records in pertaining to C.C.No.876 of 2022 on the file of the Additional Mahila Court, Dindigul West, Dindigul and quash the same. (Prayer amended as per the order passed by this Court dated 30.06.2023 in Crl.M.P. (MD).No.9286 of 2023) For Petitioner : Mr.G. Mutharasu For Respondents : Mr.S.Manikandan for R1 Government Advocate (Crl. Side) Mr. S. Pandiyaraj for R2 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.876 of 2022 on the file of the Additional Mahila Court, Dindigul West, Dindigul.

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.14 of 2022 for the offences punishable under Sections 294(b), 323, 498(A), 494 and 506(i) of IPC and Section 4 of TNPHW Act, 2002, 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 2/5

Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. The husband and wife are agreed to reunion.

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, 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.876 of 2022 pending on the file of the Additional Mahila Court, Dindigul West, Dindigul in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.876 of 2022, pending on the file of the Additional Mahila Court, Dindigul West, Dindigul 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. 30.06.2023 3/5

NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judge, Additional Mahila Court, Dindigul West, Dindigul. 2.The Inspector of Police, All Women Police Station, Dindigul District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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