Sankar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/11/2024

CORAM

The HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Crl.M.P(MD) No.11820of 2023

1. Sankar

2. Sivaganampillai ... Petitioners/Accused Vs

1. The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District. Crime No. 6/2022.

2. S.Muthumarieswari ... Respondents/Complainants PRAYER :- Petition filed under 482 of Cr.P.C., to call for the records in C.C No. 28 of 2023 on the file of the learned Additional Mahila Judge, Srivilliputhur, Virudhunagar District quash the same as against these petitioners / Accused No.1 and 2.

1/5

For Petitioners : Mr.K.K.Maheshraja For Respondent : Mr.B.Thanga Aravindh (R1) Government Advocate (Crl.Side) Muthu Ganesa Pandian (R2)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.28 of 2023, on the file of the Additional Mahila Court, Srivilliputhur, Virudhunagar District.

2. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Joint compromise memo dated 25.11.2024, has been filed before this Court which has been signed by the petitioners and the 2nd respondent/defacto complainant and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.P.Manjula, WSSI, All 2/5

Women Police Station Rajapalayam, Virudhunagar District Police Station. In the affidavit, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.28 of 2023, on the file of the Additional Mahila Court, Srivilliputhur, Virudhunagar District. 4.Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., to quash the proceedings in C.C.No.28 of 2023, on the file of Additional Mahila Court, Srivilliputhur, Virudhunagar District.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.28 of 2023, on the file of the Additional Mahila Court, Srivilliputhur, Virudhunagar District, is hereby quashed in entirety and the terms of Joint Compromise Memo shall form 3/5

part and parcel of this order. Consequently, connected miscellaneous petition is closed.

29.11.2024 PNM TO

1. The Additional Mahila Judge, Srivilliputhur, Virudhunagar District

2. The Inspector of Police, All Women Police Station, Rajapalayam, Virudhunagar District. Crime No. 6/2022.

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

4/5

N.ANAND VENKATESH,J PNM

ORDER

IN CRL OP(MD) No.14936 of 2023 and Crl.M.P(MD) No.11820of 2023 Date : 29/11/2024 5/5