Jeevanantham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Jeevanantham 2.Balan 3.Usha 4.Savariyammal 5.Vennila ... Petitioners Vs.

1.The Inspector of Police, Manamadurai Police Station, Sivagangai District, (Crime No.446 of 2019) 2.Esammal

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in CC.No.1173 of 2022 in Cr.No.446 of 2019 on the file of the Learned Judicial Magistrate,Manamadurai and quash the same.

For Petitioners : Mr.J.Jeya Aron Raja For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) For R2 : Mr.S.Muniyandi 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.1173 of 2022 on the file of the learned Judicial Magistrate, Manamadurai.

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.446 of 2019 for the offences punishable under Sections 147, 148, 294(b), 323 and 506(i) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. 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) 2/5

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 petitioners and also in view of the joint compromise memo, 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.1173 of 2022 pending on the file of the learned Judicial Magistrate, Manamadurai in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.1173 of 2022, pending on the file of the learned Judicial Magistrate, Manamadurai 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. 22.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.The Judicial Magistrate, Manamadurai.

2.The Inspector of Police, Manamadurai Police Station, Sivagangai District, (Crime No.446 of 2019) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 22.11.2023 5/5