S. Muthuprasath v. The Inspector Of Police

Crl.O.P(MD)No.12764 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.12764 of 2021 1.S.Muthuprasath 2.S.Sekar 3.Packialakshmi 4.Muthumala 5.Ramakrishnan ... Petitioners/Accused 1 to 5 Vs.

1.The State rep. by The Inspector of Police, All Women Police Station, Bodinayakkanur, Theni District.

(Crime No.5 of 2017) ... 1st Respondent/Complainant 2.P.Prabhadevi ... 2nd Respondents/Defacto Complainant PRAYER:Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.37 of 2019 pending on the file of the learned Judicial Magistrate, Bodinayakkanur and to quash the same in respect of the petitioners/Accused.

For Petitioners : Mr.R.Manickam For Respondents : Mr.R.Meenakshi sundaram, Additional Public Prosecutor For R1 Mr.S.Muniyandi, For R2.

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the First Information Report in C.C.No.37 of 2019 on the file of the learned Judicial Magistrate, Bodinayakkanur, for the offences punishable under Sections 498(A) & 506(ii) of IPC. 3.The second respondent / defacto complainant as well as the petitioners/ accused 1 to 5 are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved and therefore, the second respondent / defacto complainant is not willing to prosecute https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.12764 of 2021 the case and therefore would pray for quashing the First Information Report.

4.The compromise memo is filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties, no purpose will be served in keeping the First Information Report pending.

5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in C.C.No.37 of 2019, on the file of the learned Judicial Magistrate, Bodinayakkanur is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

(*) Enclosed herewith The Joint Compromise Memo 1.The Judicial Magistrate, Bodinayakkanur.

2.The Inspector of Police, All Women Police Station, Bodinayakkanur, Theni District.

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

Crl.O.P(MD)No.12764 of 2021 27.09.2021 NSN(CO) RS/JGB (08.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2