Veluchamy v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2022 CORAM :

THE HON'BLE MR JUSTICE G.ILANGOVAN and Crl.MP(MD)Nos.9996 & 9997 of 2019 1.Veluchamy 2.Rukmani ... Petitioners/Accused No.1 & 2 Vs.

1.The Sub Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

(Ref: Crime No.276 of 2015) ... 1st Respondent/Complainant 2.Mr.Chandrakanth ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for records in C.C.No.116 of 2015 on the file of the learned Judicial Magistrate No.I, Sivagangai and quash the same and consequential all further proceedings as against the petitioners.

For Petitioners : D.Shanmugaraja Sethupathi For R1 : Mr.B.Nambi Selvan, Additional Public Prosecutor For R2 : Mr.T.Balakrishnan

O R D E R

This petition is filed seeking quashment of case in C.C.No.116 of 2015 on the file of the learned Judicial Magistrate No.I, Sivagangai.

2.It is a case and case in counter. In this case, the defacto complainant and the accused are present and they made a submission before this Court that the matter was compromised between them. In respect of counter case, they are willing to co-operate for settlement.

3.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered a case in Crime No.276 of 2015 for the offences punishable under Sections 294(b), 323, 506(i) of IPC and 4 of Tamil 1/3

Nadu Prohibition Women Harassment Act, 2004, as against the petitioners.

4.The further contention of the petitioners is that they compromised the issue with the second respondent amicably. A joint memo of compromise is filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

5.The petitioners and the second respondent appeared in person along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Government Advocate (Criminal side) and Mr.R.Chella Pandi, Special Sub Inspector of Police, Sivagangai Town Police Station, Sivagangai District. Both the parties were enquired by me and they accepted the terms of compromise. Hence the Compromise Memo is recorded.

6. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 21.03.2022, this Court is of the opinion that no useful purpose will be served by keeping the matter pending.

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.116 of 2015 pending on the file of the learned Judicial Magistrate No.I, Sivagangai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) dss To

1. The Judicial Magistrate No.1, Sivagangai.

2. The Sub Inspector of Police, Sivagangai Town Police Station, Sivagangai.

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

2/3

+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-14437[F] dated 25/03/2022 ) and Crl.MP(MD)Nos.9996 & 9997 of 2019 24.03.2022 SS(CO) KB(06.04.2022) 3P 5C 3/3