Sasikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserved : 22/12/2023 Date of Pronounced : 19/01/2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14182 of 2023 and Crl.MP(MD)No.11122 of 2023 1.Sasikumar 2.Rajeswari 3.Pandian 4.Sajan Kumar : Petitioners/A1 to A4 Vs.

1.The State, Rep. by the Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai.

(Crime No.57 of 2022) : R1/Complainant 2.Gowri Sankari : R2/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records of the impugned Charge Sheet in CC No. 372 of 2023 pending on the file of the Judicial Magistrate, Additional Mahila Court, Madurai and quash the same and pass any other order or direction.

For Petitioners : Mr.A.Karthik For 1st Respondent : Mr.M.Vaikkam Karunanithi Government Advocate (Criminal side) 1/5

For 2nd Respondent : M/s.R.Vennila O RDER This petition has been filed seeking to quash the entire proceedings in CC No.372 of 2023 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai.

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.57 of 2022 for the offences punishable under Sections 498(A), 354-A, 506(i) of IPC and section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and it was taken cognizance in CC No.372 of 2023 by the Judicial Magistrate, Additional Mahila Court, Madurai.

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 (Criminal 2/5

side) 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, dated 17/12/2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash entire proceedings in CC No.372 of 2023 pending on the file of the Judicial Magistrate, Additional Mahila Court, Madurai, in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in CC No.372 of 2023 on the file of the Judicial Magistrate, Additional Mahila Court, Madurai, is hereby quashed against the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous Petition is closed.

19.01.2024 Index : Yes/No Internet : Yes/No er 3/5

To 1.The Judicial Magistrate, Additional Mahila Court, Madurai.

2.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai.

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

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G.ILANGOVAN. J.

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