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Madras High CourtCRL OP(MD)/10425/2023allowed

Kodeeswaran v. The Sub Inspector Of Police

2023-06-14Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.10425 of 2023

1. Kodeeswaran

2. Arul Nathan @ Arul

3. Sivagami ... Petitioners/Accused Nos.1 to 3 Vs.

1.The State rep. by The Sub-Inspector of Police, Tiruchendur Police Station, Tiruchendur, Thoothukudi District.

Crime No.126 of 2019.

... 1st Respondent/Complainant

2. Greeta Sleevi @ Greeta

3. Rengarajan ... 2nd and 3rd Respondents/Defacto Complainant and Victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the Charge Sheet filed by the first respondent Police in C.C.No.260 of 2019 on the file of the Judicial Magistrate Court, Tiruchendur, Thoothukudi District. 1/5

For Petitioners : Mr.Muthurakkan For R1 : Mr.B.Nambiselvan Additional Public Prosecutor For R2 and R3 : Mr.N.Pragalathan O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.260 of 2019 on the file of the learned Judicial Magistrate, Tiruchendur, Thoothukudi District. 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.126 of 2019 for the offences punishable under Sections 294(b), 323, & 506(ii) IPC and 4 of TN Prohibition of Harassment of Women Act, 2002, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the private respondents amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd and 3rd respondents and also by their respective counsels.

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4.The petitioners and the private respondents 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 petitioners 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.260 of 2019 pending on the file of the learned Judicial Magistrate, Tiruchendur, Thoothukudi District. is quashed and the compromise memo is recorded.

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6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.260 of 2019, pending on the file of the learned Judicial Magistrate, Tiruchendur, Thoothukudi District. is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

14.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Judicial Magistrate Court, Tiruchendur, Thoothukudi District.

2.The Sub-Inspector of Police, Tiruchendur Police Station, Tiruchendur, Thoothukudi District.

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

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G.ILANGOVAN. J.

Indu 14.06.2023 5/5