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Madras High CourtCRL OP(MD)/9038/2017allowed

N.Samuthirapandian v. The Inspector Of Police

2020-12-23Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.9038 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.12.2020

CORAM:

The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.9038 of 2017 and Crl.M.P(MD)Nos.6130 & 6131 of 2017 1.N.Samuthirapandian 2.N.Sivakami 3.M.Rajeshwari @ Rajathi 4.E.Natarajan 5.N.Muthuselvam ... Petitioners/Accused Nos.1 to 5 vs.

1. State through The Inspector of Police, Tirunelveli Town All Women Police Station, Tirunelveli District.

... Respondent/De Jure Complainant

2. Mrs.P.Isakkiammal ... Respondent/P.W.1 PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records connected with the case in C.C.No.268 of 2016 pending on the file of the Additional Mahila Court, Tirunelveli and quash the same as illegal. (Prayer amended as per Order of this Court dated 09.08.2017 made in Crl.MP(MD)No.7244 of 2017) For Petitioners : Mr.Veera Kathiravan Senior Counsel for Mr.S.Malaikani For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.R.J.Karthick

O R D E R

This Criminal Original Petition has been filed to call for records relating to the case in C.C.No.268 of 2016 pending on the file of the Additional Mahila Court, Tirunelveli and quash the same. 2.The second respondent / defacto complainant, as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the charge sheet https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9038 of 2017 in C.C.No.268 of 2016, on the file of the Additional Mahila Court, Tirunelveli.

3.The compromise memo, dated 23.12.2020 is filed before this Court and the parties along with their respective counsel are also personally present before this Court today(23.12.2020) and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Government Advocate who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the charge-sheet in C.C.No.268 of 2016, on the file of the Additional Mahila Court, Tirunelveli, is quashed. The joint compromise memo shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (A.E) // True Copy // / /2021 Sub Assistant Registrar(CS) am Enclose: Xerox copy of Joint Compromise Memo. 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 Inspector of Police, Tirunelveli Town All Women Police Station, Tirunelveli District.

2) The Judge, Additional Mahila Court, Tirunelveli.

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

Crl.O.P.(MD)No.9038 of 2017 DATED : 23.12.2020 KMV(CO) CS(19.01.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2