Madras High CourtCRL OP(MD)/18103/2021allowed

Subburaj v. The Inspector Of Police

2021-11-19Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18103 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18103 of 2021 1.Subburaj 2.Mahalingam 3.Mallammal 4.Sithamallu 5.Sudha ... Petitioners/Accused Nos 1 to 5 Vs.

1.State Rep. by The Inspector of Police, Vilathikulam All Women Police Station, Thoothukudi District.

(Crime No.7 of 2013) ... 1st Respondent/Complainant 2.Murugavalli ...2nd Respondent/Defacto Complainant Prayer: This 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.123 of 2014 on the file of the Judicial Magistrate, Vilathikulam, in connection with Crime No.7 of 2013 on the file of the 1st respondent police and quash the same as far as the petitioners concerned.

For Petitioners : Mr.M.Perumal For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.S.Esakai Pandi for R2.

O R D E R

This Criminal Original Petition has been filed for quashing the proceedings in C.C.No.123 of 2014 on the file of the Judicial Magistrate, Vilathikulam.

2.It is a matrimonial complaint. The defacto complainant/ Murugavalli is present in person before this Court. She has been duly identified by Mrs.C.Muthumari, Sub Inspector of Police, Vilathikulam All Women Police Station. They have also filed a memo of joint compromise 16.11.2021. The defacto complainant categorically states before this Court that she does not want to pursue the complaint. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18103 of 2021 prosecution alive. The impugned proceedings are quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Vilathikulam.

2.The Inspector of Police, Vilathikulam All Women Police Station, Thoothukudi District.

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

+1 CC to M/s.E. SATHEESH, Advocate (SR-35521[F] dated 23/11/2021) Crl.O.P(MD)No.18103 of 2021 19.11.2021 AM(CO) GC(30.11.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2