Rajarathinam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Crl.M.P(MD)Nos.5635 & 5636 of 2020 1.Rajarathinam 2.Kannan ... Petitioners/ Accused Nos.1 & 2 Vs.

1.The State, Represented by The Inspector of Police, Keelavalavu Police Station, Madurai District.

(Crime No.80 of 2016) ...1st Respondent/ Complainant 2.Meenal ...2nd Respondent/ De-facto Complainant PRAYER: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the charge sheet in C.C.No.34 of 2019 on the file of the Judicial Magistrate Court, Melur and quash the same.

For Petitioners : Mr.R.Gandhi For R-1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-2 : Mr.M.Kannan 1/5

ORDER

This Criminal Original Petition is filed to quash the charge sheet in C.C.No.34 of 2019 which is pending on the file of the Judicial Magistrate, Melur for the offences under Section 294(b) and 506(ii) of IPC.

2. When the matter is taken up for hearing today, the learned Counsel for the petitioners and the learned Counsel for the second respondent filed a joint memorandum of compromise in which, they stated that the parties have amicably settled their differences and have prayed for quashing of the charge sheet jointly. The petitioners and the second respondent are present before this Court.

3. Paragraph No.2 of the joint memo of compromise is extracted as follows:

"2. It is respectfully state that subsequent to the registration of case and pendency of trial at the instance of family elders from both sides the petitioners as well as the second respondent / defacto complainant have amicably 2/5

settled their differences and resolved their disputes. The defacto complainant is not interested in prosecuting the petitioners further. Hence, the defacto complainant has no objection in allowing the above quash petition since the matter has been amicably settled between both parties. Hence, in view of the amicable settlement between us the case pending in C.C.No.34 of 2019 on the file of learned Judicial Magistrate Court, Melur may be quashed. Hence the petitioners and the second respondent have jointly filed this memo of compromise."

4. In view of the compromise arrived at between the parties, the charge sheet in C.C.No.34 of 2019 on the file of the Judicial Magistrate, Melur is quashed. Accordingly, the Criminal Original Petition stands allowed. The joint memo of compromise shall form part of the record. Consequently, connected Miscellaneous Petitions stand closed. 05.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No Btr 3/5

To 1.The Inspector of Police, Keelavalavu Police Station, Madurai District.

2.The Judicial Magistrate Court, Melur.

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

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SUNDER MOHAN, J.

Btr and Crl.M.P(MD)Nos.5635 & 5636 of 2020 05.01.2023 5/5