Muthulakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Crl.O.P.(MD).No.15088 of 2023 and Crl.M.P.(MD).No.11952 of 2023 Muthulakshmi ... Petitioners/Accused No.2 Vs.

1.The State Rep. by its, The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

Crime No.320/2021 ... 1st Respondent/Complainant 2.Murugan S/o.Arunachalam ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code/Section 528 of BNSS, 2023, to call for the records relating to the proceedings in C.C.No.5 of 2023 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and quash the same as against the petitioner.

For Petitioner : Mr.A.Jayaramachandran For R-1 : Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) For R-2 : M/s.P.Aishwarya 1/10

ORDER

The petitioner seek to quash the final proceedings in C.C.No.5 of 2023 on the file of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, which was filed for the offences under Section 363 of IPC.

2. The allegation in the final report is that the the second respondent married with the petitioner and they have blessed with one female child. The petitioner was working as a temporary staff at Manoor Primary Health Centre. While so, on 29.07.2021, the petitioner left the home after informing the second respondent's mother that she would drop her daughter at her father's home and to attend the duty. However, the petitioner did not return back even after night hours. Subsequently the second respondent enquired the same, it revealed that the petitioner had not dropped her daughter at her father's house. Due to which the second respondent lodged a complaint in the respondent police as Women and girl missing case. Hence, the case.

3. Admittedly, the petitioner and the second respondent are the husband and wife. Initially, complaint was made by the second respondent against this petitioner, in which FIR was registered and the same was taken on file in C.C.No.5 of 2023 on the file of the Judicial Magistrate, Cheranmahadevi, Tiruenlveli District. A perusal of the records reveal that the present case is 2/10

purely a matrimonial case. Due to misunderstanding, the petitioner voluntarily took her and left the matrimonial home. But, the petitioner had returned back to the home along with her daughter on her own volition after realizing that it would be a peril to her future. Since the petitioner is a lawful guardian of her daughter and the custody of her daughter cannot be deemed to be illegal one and there is no question of kidnapping. Now, the parties have entered into a compromise and decided to give a quietus to the entire dispute. The parties have filed a joint compromise memo dated 30th June 2025 and the scanned copy of the compromise memo reads as follows:

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4. The petitioner, namely, G.Muthulakshmi (Aadhaar No.3004 8689 9637) and the second respondent, namely, A.Murugan (Aadhaar No.3274 9665 2734) are present before this Court in person. They are identified by the Registry and the Counsels appearing on either side. All the parties confirmed the compromise arrived at between them.

5. In view of the same and considering the nature of the offences and the relationship between the parties, this Court is of the view that no useful purpose would be served by keeping the impugned final report pending trial. Accordingly, the impugned proceedings in C.C.No.5 of 2023 pending on the file of learned Judicial Magistrate, Cheranmahadevi is hereby quashed and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

26.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No gvn 8/10

To 1.The Judicial Magistrate, Cheranmahadevi.

2.The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

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

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S.SRIMATHY, J.

gvn Crl.O.P(MD).No.15088 of 2023 26.09.2025 10/10