Ramanathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11300 of 2023 Ramanathan

...Petitioners / Sole Accused

Vs.

1.The State rep. by, The Inspector of Police, Kulathur Police Station, Thoothukudi District.

(In Crime No.201/2021) ...1st Respondent / Complainant 2.Rasathi ...2ndRespondents / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned charge sheet pending in SC No.78 of 2022 on the file of the District and Sessions Judge (Mahila Court) Thoothukudi and quash the same.

For Petitioner :Mr.R.Murugan For Respondent :Mr.M.Vaikkam Karunanithi for R1 Government Advocate (Crl. Side) :Mr.S.Santhosa Uthaman for R2 1/5

O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in SC No.78 of 2022 on the file of the District and Sessions Judge (Mahila Court) Thoothukudi.

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, as the case may be, in Crime No.201 of 2021 for the offences punishable under Sections 294(b), 323 IPC and under Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 against the petitioner. Now the petitioner and the defacto complainant are living together and they settled the issue between them. 3.The further contention of the petitioner is that he 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.

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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 26.06.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in SC No.78 of 2022 on the file of the District and Sessions Judge (Mahila Court) Thoothukudi, is quashed and the compromise memo is recorded.

6. In the result, the Criminal Original Petition stand allowed and the entire proceedings in SC No.78 of 2022 on the file of the District and 3/5

Sessions Judge (Mahila Court) Thoothukudi, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

Speaking : Yes / No 13.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn To 1.The Inspector of Police, Kulathur Police Station, Thoothukudi District. (In Crime No.201/2021) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

pnn Crl.O.P.(MD)No.11300 of 2023 13.10.2023 5/5