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Madras High CourtCRL OP(MD)/15681/2022allowed

N.Kalimuthu v. The Inspector Of Police

2023-03-24Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:24.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.15681 of 2022 1.N.Kalimuthu 2.Anitha : Petitioners/A1 and A2 Vs.

1.State represented through The Inspector of Police, Kenikkarai Police Station, (Crime No.166 of 2021) : R1/Complainant 2.G.Senthilraj : R2/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the charge sheet in SC No.116 of 2022 on the file of the Fast Track Mahila Court, Ramanathapuram and quash the same as illegal and pass such further or other orders. For Petitioners : Mrs.S.Prabha For R1 : Mr.S.Manikandan Government Advocate (Crl. side) For R2 : Mr.S.Manojkumar 1/5

O RDER This petition has been filed seeking to quash the impugned Charge Sheet in SC No.116 of 2022 on the file of the Fast Track Mahila Court, 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.166 of 2021 for the offences punishable under Sections 294(b), 323, 324 and 307 IPC and section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2022 against the petitioners and it was taken cognizance in SC No.116 of 2022 by the Fast Track Mahila Court, Ramanathapuram.

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 2/5

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 SC No.116 of 2022 pending on the file of the Fast Track Mahila Court, Ramanathapuram, in respect of this petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in SC No.116 of 2022 on the file of the Fast Track Mahila Court, Ramanathapuram, is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 24.03.2023 Index : Yes/No Internet : Yes/No er 3/5

To 1.The Fast Track Mahila Court, 2.The Inspector of Police, Kenikkarai Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

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