Madras High CourtCRL OP(MD)/15618/2020allowed

M.Muthukumar v. The Inspector Of Police

2020-12-23Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.15618 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.15618 of 2020 1)M.Muthukumar 2)K.Sakthi @ Esakki ammal ... Petitioners/Accused No.1&2 vs.

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

(Crime No.19 of 2019) ...1st Respondent/Complainant 2)M.Jeyalakshmi ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in C.C.No.565/2019 on the file of the Judicial Magistrate No.IV, Thoothukudi, in Crime No.19/2019 on the file of the Respondent and quash the same. For Petitioners : Mr.P.Banu Prasath For R1 : Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records in C.C.No.565/2019 on the file of the Judicial Magistrate No.IV, Thoothukudi, in Crime No.19/2019 on the file of the 1st respondent and quash the same.

2.The second respondent / defacto complainant, as well as the petitioners/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 case and therefore, the petitioners would pray for quashing the proceedings in C.C.No.565 of 2019.

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 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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C rl.O.P.(MD)No.15618 of 2020 4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the proceedings in C.C.No.565/2019 on the file of the Judicial Magistrate No.IV, Thoothukudi, are quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (P&A) // True Copy // / /2021 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 NoIV,Thoothukudi, 2)The Inspector of Police, All Women Police Station, Thoothukudi District.

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

+1CC to M/s.P.Banu Prasanth,Advocate, SR.No.27320 dated 28/12/2020 Crl.O.P.(MD)No.15618 of 2020 23.12.2020 CK(CO) KB(06.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2