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Madras High CourtCRL OP(MD)/15945/2024allowed

Prince v. The State Of Tamilnadu

2024-10-18Honourable Mr Justice D.Bharatha Chakravarthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and Crl.M.P.(MD)Nos.10054 and 10055 of 2024 Prince ... Petitioner/Sole Accused vs.

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

Crime No.14 of 2022 ... Respondent/Complainant 2.J.Selsiya ... Respondent/Defacto Complainant Prayer:- Petition filed under Section 528 of BNSS, to call for the records in C.C.No.18 of 2023 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same as illegal. For Petitioner : Mr.N.Mohideen Basha For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. side) For R2 : Mr.K.Ganesamoorthi 1/4

ORDER

The petition is filed to quash the proceedings in C.C.No.18 of 2023 on the file of the learned Judicial Magistrate No.II, Virudhunagar. 2.The learned counsel for the petitioner seeks quashment of the case on compromise. A Joint Compromise Memo is also filed. 3.I have considered the nature of allegations. The petitioner is said to have stalked the defacto complainant and teased her. The defacto complainant is present before this Court. She is not willing to pursue the case any further. It is submitted that the petitioner is a distant relative and since compromised the issue and the petitioner will not in any manner disturb the defacto complainant and they are living peacefully in their locality.

4.Considering the overall allegations in this case and the version of the prosecutrix and the nature of the offence, I am of the view that the case can be quashed on compromise. In view thereof, the Criminal Original Petition is allowed and the case in C.C.No.18 of 2023 on the file 2/4

of the learned Judicial Magistrate No.II, Virudhunagar, shall stand quashed. The memorandum of compromise shall form part of the order. Consequently, connected miscellaneous petitions are closed. 18.10.2024 NCC : Yes / No sji To 1.The Judicial Magistrate No.II, Virudhunagar. 2.The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.

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

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D.BHARATHA CHAKRAVARTHY, J.

sji 18.10.2024 4/4