Meikandamurthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 23.12.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI and Crl.MP(MD)No.3785 of 2017 1.Meikandamurthy 2.SudalaiVadivu @ Fathima 3.Alagu Sundaram 4.Baby @ Bramasundari : Petitioners/A3 to A6 Vs.

1.State rep. by Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District. : R1/Complainant 2.B.Renganayagi : R2/De-facto Complainant Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, to call for the records relating to CC No.311 of 2016 on the file of the Judicial Magistrate No.1, Thoothukudi and quash the same as illegal as against the petitioners/A3 to A6.

For Petitioners : Mr.G.Aravinthan For 1st Respondent : Mr.K.Karmegam Government Advocate (Criminal side) For 2nd Respondent : Mr.T.Selvan

O R D E R

(Thro' VC) This Criminal Original Petition is filed seeking for a direction to quash the CC No.311 of 2016 on the file of the Judicial Magistrate No.1, Thoothukudi.

2.The case of the prosecution is that the marriage between the 2nd respondent/de-facto complainant and A1 was solemnized on 21.06.2012 and out of the wedlock, the 2nd respondent gave birth to a male child on 23.05.2013 and thereafter, dispute arose between the 1/3

couples and the in-laws and the in-laws harassed the de-facto complainant and also threatened her. It is the further case of the prosecution that the husband of the 2nd respondent, his parents and the petitioners were subjected to intolerable cruelty at the hands of the de-facto complainant.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.It is seen from the records that since this is a matrimonial dispute, this case was referred to the Mediation and Conciliation Centre attached to this Bench on 13.01.2020 to find out the possibility of any amicable settlement. In consequence thereof, on 18.11.2020, a settlement agreement was entered into between the parties stating that they have no further claims or demands against each other with respect to all the cases and all disputes and differences in this regard have been amicably settled by the parties through the process of Mediation.

5.On 23.12.2020, when the matter is taken up for hearing, the learned counsel appearing for the 2nd respondent/de-facto complainant stated that the matter was already compromised and the de-facto complainant/wife and the husband, who is one of the accused in the said case, were united and decided to live together and the matter has already been settled before the Mediation and Conciliation Centre attached to this Bench, on 18.11.2020 and in view of the above, he has no objection to allow this criminal original petition. The learned counsel appearing for the 2nd respondent has also filed a memo to that effect, dated 17.12.2020.

6.Keeping in view of the above facts and also recording the memo, dated 17.12.2020 filed by the learned counsel appearing for the 2nd respondent, no fruitful purpose will be achieved to proceed further in this matter.

7.Accordingly, this criminal original petition is allowed in terms of compromise entered into between the parties and the entire proceedings in respect of CC.No.311 of 2016 on the file of the Judicial Magistrate No.1, Thoothukudi, is quashed as against the petitioners/A3 to A6. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

To 1.The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

2.The Judicial Magistrate No.1, Thoothukudi.

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

Order made in CRL OP(MD)No.5360 of 2017 and CRL MP(MD) No.3785 of 2017 23.12.2020 ER SRS/07.01.2021/3P/4C 3/3