Kanagaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.15824 of 2022 Kanagaraj ... petitioner Vs.
1.State represented by The Inspector of Police, Mannachanallur Police Station, Trichy District.
(Crime No.207 of 2019) ... 1st Respondent/Complainant 2.Kokila ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records pertaining to the Charge Sheet in C.C.No.1415 of 2021 on the file of the learned Judicial Magistrate, Additional Mahila Court, Trichy and quash the same as illegal.
For petitioner : Mr.T.Lenin Kumar For R1 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R2 : Mr.D.Venkatesh 1/5
O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.1415 of 2021 on the file of the learned Judicial Magistrate, Additional Mahila Court, Trichy.
2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.207 of 2019, initially for the offences punishable under Sections 294(b), 323 & 506(ii) of IPC and Section 4 of TNPHW Act, against the petitioner and subsequently, altered the provisions into Sections 294(b), 506(ii) and 352 of IPC and Section 4 of TNPHW Act. It appears that it is a matrimonial dispute between the parties. It appears that the accused person running a unregistered chit fund and also gold savings scheme and the defacto complainant was cheated by the accused person. Now compromise has been reached between the parties.
3.The further contention of the petitioner 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 petitioner and the 2nd 2/5
respondent and also by their respective counsels. 4.The petitioner 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 Additional Public Prosecutor 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 petitioner and also in view of the joint compromise memo, dated 30.08.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.1415 of 2021 pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Trichy, is quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.1415 of 2021, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Trichy is hereby 3/5
quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.
08.09.2022 Index : Yes/No Internet : Yes/No TM To 1.The Judicial Magistrate, Additional Mahila Court, Trichy. 2.The Inspector of Police, Mannachanallur Police Station, Trichy District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
TM 08.09.2022 5/5