K.Mariappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.9924 of 2023 and Crl.M.P(MD) Nos.7913 and 7914 of 2023 K.Mariappan ... Petitioner/ Sole Accused Vs.
1.State, represented by The Inspector of Police, Virudhunagar Rural Police Station, Virughungar District.
Crime No.37 of 2018.
... 1st Respondent/Complainant
2. M.Chellammal ... 2nd Respondents/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the Charge Sheet in C.C. No.179 of 2019 pending on the file of the learned Judicial Magistrate No.II, Virudhunagar in Crime No.37 of 2018 dated 29.01.2018 for an alleged offence U/s.294(b), 323 of IPC,Sec.4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and quash the same as illegal. 1/5
For petitioner : Mr.Thirumurugan T For R1 : Mr.R.Sureshkumar Government Advocate (Crl. Side) For R2 : Mr.A.Kalidass O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.179 of 2019 on the file of the learned Judicial Magistrate No.II, Virudhunagar.
2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.37 of 2018 for the offences punishable under Sections 294(b), 323 of IPC and 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 against the petitioner. 3.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels. 2/5
4.The petitioner 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.
5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 12.06.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.179 of 2019 pending on the file of the learned Judicial Magistrate No.II, Virudhunagar. is quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.179 of 2019, pending on the file of the learned Judicial Magistrate No.II, Virudhunagar. is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall 3/5
form part of this order. Consequently, connected Miscellaneous Petitions are closed.
14.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Judicial Magistrate No.1I Court, Virudhunagar.
2. The Inspector of Police, Virudhunagar Rural Police Station, Virughungar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
Indu Crl.O.P.(MD) No.9924 of 2023 14.06.2023 5/5