Madras High CourtCRL OP(MD)/20091/2021allowed

V.Malaiselvam v. The Inspector Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20091 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20091 of 2021 1.V.Malaiselvam 2.Mahadevi 3.V.Vivek 4.Rajakaruppayee 5.Saritha 6.Megala Devi 7.Kalpana ... Petitioners/Accused No. 1 to 7 Vs.

1.State rep. by The Inspector of Police, All Women Police Station, Melur, Madurai District.

(Crime No.20 of 2019)

...Respondent/Complainant

2.O.Vaishali ... Respondents/ Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.106 of 2021 pending on the file of the learned Judicial Magistrate, Melur, Madurai District and quash the same.

For Petitioners : Mr.P.Karthick For Respondents : Mr.A.Albert James, Govt. Advocate (Crl. Side) for R1.

Mr.J.Anand Kumar for R2.

O R D E R

This criminal original petition has been filed for quashing the proceedings in C.C.No.106 of 2021 on the file of the Judicial Magistrate, Melur, Madurai District.

2.The defacto complainant/Vaishali is present before this Court in person. She has been duly identified by Ms.M.Jeyapradha, WHC 1830 attached to first respondent police station. The parties have filed a memo of joint compromise. The defacto complainant categorically states before this Court that she does not want to pursue the complaint. When the parties have arrived at an amicable settlement and the deafcto complainant does not want to pursue the complaint, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20091 of 2021 prosecution alive. The impugned proceedings are quashed. The criminal original petition is allowed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 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.

To:

1.The Judicial Magistrate, Melur, Madurai District.

2.The Inspector of Police, All Women Police Station, Melur, Madurai District.

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

+4CC to Mr.P.Karthick, Advocate, SR..No. 40003 dated 22.12.2021 Crl.O.P(MD)No.20091 of 2021 20.12.2021 NSN(CO) KB(11.01.2022) 2P 8C https://hcservices.ecourts.gov.in/hcservices/ 2/2