Madras High CourtCRL OP(MD)/19298/2021allowed

Balamurugan v. The Inspector Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.19298 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19298 of 2021

1. Balamurugan

2. Paramu Thevar

3. Valliammal

4. Manimekalai

5. Senthurpandian ... Petitioners / Accused Nos.1 to 5 Vs.

1. State rep. By, The Inspector of Police, All Women police station, Tirunelveli Rural, Tirunelveli.

(Crime No.16 of 2015) ... 1st Respondent / Complainant

2. Elamathi ... 2nd Respondent / Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records and quash the charge sheet in C.C.No.288 of 2017 on the file of the Additional Mahila Court (Magistrate Level), Tirunelveli, Tirunelveli District, in connection with Crime No.16 of 2015 on the file of the first respondent police. For Petitioners : Mr.S.Sathyachidambaram For R-1 : Mr.M.Sakthi Kumar, Government Advocate.(CRL Side) For R-2 : Mr.N.Saravanan

O R D E R

Heard the learned counsel on either side.

2. This criminal original petition has been filed for quashing the proceedings in C.C.No.288 of 2017 on the file of the Additional Mahila Court (Magistrate Level), Tiruneveli, Tirunelveli District.

3. The defacto complainant Elamathi is present in person before me. She has been duly identified by Ms.K.Krishnaveni, WGR-I 3147, attached to the first respondent police station. The parties have filed a joint compromise memo. The defacto complainant states that they have amicably resolved the issues and she has no objection for quashing the impugned prosecution.

4. Since the defacto complainant herself does not want to pursue the matter, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 CRL.O.P.(MD)NO.19298 OF 2021 prosecution alive. Therefore, the impugned proceedings are quashed. This criminal original petition is allowed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU Encl:- Photocopy of Compromise Memo attached. 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.

To:

1. The Judge, Additional Mahila Court (Magistrate Level), Tirunelveli, Tirunelveli District.

2. The Inspector of Police, All Women police station, Tirunelveli Rural, Tirunelveli.

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

Crl.O.P.(MD)No.19298 of 2021 09.12.2021 MGJ(20.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4