K.Vallimayil v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.19882 of 2022 and Crl.M.P(MD).Nos.13691 and 13693 of 2022 1.K.Vallimayil 2.L.Kirushnan 3.Mareeswari @ Muthumari ... Petitioners /Accused 1.The State through The Inspector of Police, All Women Police Station, Kamuthi, Ramanathapuram District.
.. 1st Respondent/Complainant 2.Maheswari ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records connected with the charge sheet in C.C.No.196 of 2022 on the file of the District Munsif Cum Judicial Magistrate, Kamuthi and quash the same.
For Petitioner : Mr.Jayaram Sidharth For R1 : Mr.S.Manikandan Government Advocate (Crl. Side) For R2 : Mr.B.Senthilkumar 1/5
O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.196 of 022 on the file of the District Munsif Cum Judicial Magistrate, Kamuthi 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.1 of 2022 for the offences punishable under Section 498(A) IPC and Section 4 of Dowry Prohibition Act, 1961 against the petitioners and others. It appears that it is a matrimonial dispute between the husband and wife.
3. The further contention of the petitioner 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. 4.The petitioner 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 Government Advocate (Crl. Side) and 2/5
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 22.06.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in C.C.No.196 of 022 on the file of the District Munsif Cum Judicial Magistrate, Kamuthi in respect of the petitioner.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.196 of 2022, pending on the file of the learned District Munsif Cum Judicial Magistrate, Kamuthi is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, the connected Miscellaneous Petitions are closed. 26.06.2023 Index : Yes/No Internet : Yes/No trp 3/5
To 1.The District Munsif Cum Judicial Magistrate, Kamuthi
2. The Inspector of Police, All Women Police Station, Kamuthi, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
trp Crl.O.P.(MD) No.19882 of 2022 and Crl.M.P(MD).Nos.13691 and 13693 of 2022 26.06.2023 5/5