Jeganlal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Jeganlal 2.Jawharlal ... Petitioners Vs.

1.The Inspector of Police, Thallakulam Police Station, Madurai District (Crime No.2050 of 2019) 2.P.J.Vaishnavi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the Impugned charge sheet in C.C No. 790 of 2020 on the file of the Learned Additional Mahila court, Madurai in Crime No. 2050 of 2019 u/s 294(b), 323, 506(2) of IPC and section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 dated 13.11.2019 on the file of the 1st respondent.

For Petitioners : Mr.K.Dinesh For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/5

ORDER

This Criminal Original Petition is filed to call for the records pertaining to the case registered in impugned charge sheet in C.C No. 790 of 2020 on the file of the Learned Additional Mahila court, Madurai, and quash the same.

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. 2050 of 2019 u/s 294(b), 323, 506(2) of IPC and section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, against the petitioners.

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. The issue is between the husband and wife and now they are living separately for more than seven years. The child is in the custody of the first petitioner herein which is not objected by the defacto complainant. The defacto 2/5

complainant has received a sum of Rs.4,00,000/- as permanent alimony and got mutual divorce before the Family Court, Madurai. 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 Additional Public Prosecutor 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 22.08.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C No. 790 of 2020 on the file of the Learned Additional Mahila court, Madurai, is quashed and the compromise memo is recorded.

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6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C No. 790 of 2020 on the file of the Learned Additional Mahila court, Madurai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

27.11.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Additional Mahila court, Madurai.

2.The Inspector of Police, Thallakulam Police Station, Madurai District (Crime No.2050 of 2019) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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