Madras High CourtCRL OP(MD)/15645/2020allowed

Kalyani v. The Sub Inspector Of Police

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

C rl.O.P.(MD)No.15645 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.15645 of 2020 Kalyani ... Petitioner/Sole Accused vs.

1)The State rep by The Sub Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

(Crime No.449/2016) ... 1st Respondent/Complainant 2)Murugan ...2nd Respondents/Defecto Complaiant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in C.C.No.417 of 2019 pending on the file of the Judicial Magistrate-I, Nagercoil, and quash the same in pursuant to the Joint Compromise memo dated 19.11.2020.

For Petitioner : Mr.R.Jenifar Bibin For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.A.Mohan

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the charge sheet in C.C.No.417 of 2019 pending on the file of the Judicial Magistrate-I, Nagercoil, and quash the same in pursuant to the Joint Compromise memo dated 19.11.2020. 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 case and therefore, the petitioner would pray for quashing the impugned charge sheet.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.15645 of 2020 identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the proceedings in C.C.No.417 of 2019 pending on the file of the Judicial Magistrate-I, Nagercoil, are quashed. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar(AS) // True Copy // / /2021 Sub Assistant Registrar(CS) bala 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.

To 1)The Judicial Magistrate-I, Nagercoil.

2)The Sub Inspector of Police, Kanyakumari Police Station, Kanyakumari District.

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

ORDER MADE IN Crl.O.P.(MD)No.15645 of 2020 DATED : 23.12.2020 mj(CO) TR(11.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2