Madras High CourtCRL OP(MD)/13962/2020allowed

M.Maria Joseph Cyril Pradeep v. The Sub Inspector Of Police

2020-12-14Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.13962 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13962 of 2020 M.Maria Joseph Cyril Pradeep ... Petitioner Vs.

1.State Rep by The Sub-Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

In Crime No.407 of 2018 2.Josephine Freeda ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in C.C.No.305 of 2020 for an alleged offence under Sections 294(b) IPC and Section 4 of TNPHW Act on the file of the Judicial Magistrate, Ambasamudram, Tirunelveli District and quash the same as illegal against the petitioners.

For Petitioner : Mr.M.Maran For R1 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R2 : Mr.R.Gokul

O R D E R

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.305 of 2020 on the file of the learned Judicial Magistrate, Ambasamudram, Tirunelveli District. 2.The second respondent / defacto complainant, as well as the petitioner/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the charge sheet in C.C.No.305 of 2020 on the file of the learned Judicial Magistrate, Ambasamudram, Tirunelveli District. 3.

The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court today(14.12.2020) and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

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Crl.O.P.(MD)No.13962 of 2020 4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the charge sheet in C.C.No.305 of 2020 on the file of the learned Judicial Magistrate, Ambasamudram, Tirunelveli District, is quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) 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.

ENCL:Xerox copy of Joint Compromise Memo.

To 1.The Judicial Magistrate, Ambasamudram, Tirunelveli District.

2.The Sub-Inspector of Police, Ambasamudram Police Station, Tirunelveli District.

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

Crl.O.P.(MD)No.13962 of 2020 14.12.2020 KUN(CO) KB(22.12.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2