Chelladurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Chelladurai 2.Devadhasan 3.Rosammal 4.Lysal @ Lysha 5.Pushpam @ Pushpabhai 6.Rethinabhai ... Petitioners Vs.

1.State through The Inspector of Police, All Women Police Station, Kuzhithurai Kanyakumari District, (Crime No.7/2021) 2.Kunjumol ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.185/2015, on the file of the Judicial Magistrate Court No.I, Kuzhithurai and Quash the same with regard to the petitioners/Accused Nos.1 to 4, 6 & 7. For Petitioners : Mr.P.Santhana Krishnan For R1 : Mr.S.Manikandan Government Advocate For R2 :A.Selvaraj 1/4

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.185 of 2015 on the file of the learned Judicial Magistrate Court No.I, Kuzhithurai.

2.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.290 of 2018 for the offences punishable under Sections 498(A), 406, 294(b) of Indian Penal Code, 1860 and Sections 4 and 6 of the Dowry Prohibition Act, 1961, against the petitioners. It appears that there is a small issue between the parties. 3.The further contention of the petitioners 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 and the 2nd respondent and also by their respective counsels.

4.The petitioners 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 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. 2/4

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 29.08.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.185 of 2015 on the file of the Judicial Magistrate Court No.I, Kuzhithurai, in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.185 of 2015, pending on the file of the Judicial Magistrate Court No.I, Kuzhithurai, is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 20.03.2023 Index : Yes/No Internet:Yes/No tta To 1.The Inspector of Police, All Women Police Station, Kuzhithurai Kanyakumari District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J., tta 20.03.2023 4/4