Stephan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.MP(MD)Nos.8695 & 8696 of 2023 1.Stephan 2.Annamariyal ... Petitioners/Accused Nos.2 & 3 Vs.

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

Crime No.1 of 2022.

...1st Respondent/Complainant 2.Allin Linsa ... 2nd Respondent/Defacto Complainant 3.Sam ... 3rd Respondent/1st Accused (R2 is suo-motu impleaded as per order of this Court, dated 21.06.2023, in Crl.OP(MD).No.10900 of 2023, by GIJ) PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the charge sheet in C.C.No.220 of 2022 on the file of the Judicial Magistrate, Sengottai and quash the same as against the petitioners concerned. 1/5

For Petitioners : Mr.A.Sankararamasubramanian For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.C.Saravanakumar

ORDER

This Criminal Original Petition is filed seeking quashment of impugned charge sheet in C.C.No.220 of 2022 on the file of the learned Judicial Magistrate, Sengottai, in connection with Crime No.1 of 2022 on the file of the 1st Respondent Police.

2.The issue between the husband and wife. The respondents 2 and 3 are the husband and wife. When the matter is taken up for hearing, they appeared through video conference and stated that they are joined together and living happily.

3.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.1 of 2022 for the offences punishable under Sections 294(b), 498(A), 323, 343 and 506(i) of IPC, against the petitioners and the third respondent.

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4.The further contention of the petitioners and the third respondent 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 petitioners, third respondent and the 2nd respondent and also by their respective counsels.

5.The petitioners appeared before this Court along with their counsels and also produced their Aadhar cards and and the second respondent and the third respondent appeared through video conference. They were also identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

6.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and the third respondent and also in view of the joint compromise memo, dated 30.11.2023, 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.220 of 2022 3/5

pending on the file of the learned Judicial Magistrate, Sengottai, is quashed and the compromise memo is recorded.

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.220 of 2020 pending on the file of the learned Judicial Magistrate, Sengottai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, the connected miscellaneous petitions are closed.

21.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dss To 1.The learned Judicial Magistrate, Sengottai.

2. The Inspector of Police, All Women Police Station, Tenkasi, Tenkasi District.

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

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G.ILANGOVAN ,J.

dss and Crl.MP(MD)Nos.8695 & 8696 of 2023 21.12.2023 5/5