R.Muthulakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No. 20427 of 2022 1.R.Muthulakshmi 2.Lakshmi 3.R.Sarasu @ Saraswathi 4.M.Priya 5.Vickaramathithan ... Petitioners/Accused 2, 3, 6, 9 & 11 Vs.

1.The State rep. by The Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai district (In Crime No.03 of 2016) ... Respondent/Complainant 2.B.Haritha ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for records pertaining to C.C.No.167 of 2016, on the file of the District Munsif Cum Judicial Magistrate court, Thiruppathur and quash the same as illegal as far as these petitioners. For petitioners : Mr. C.Senthil Murugan 1/5

For R1 : Mr.S.Manikandan Government Advocate (Crl. side) O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.167 of 2016 on the file of the learned District Munsif cum Judicial Magistrate, Tiruppathur.

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.167 of 2016 for the offences punishable under Sections 498(A) & 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2022, against the petitioners. It appears that there is a small issue between the parties. 3.The further contention of the petitioners 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 petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They 2/5

were also identified by the learned Additional Public Prosecutor and 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 06.02.2023, 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.167 of 2016 pending on the file of the learned District Munsif cum Judicial Magistrate, Tiruppathur, in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.167 of 2016, pending on the file of the learned District Munsif cum Judicial Magistrate, Tiruppathur, 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.

14.03.2023 Index : Yes/No Internet : Yes/No 3/5

TM To

1. The District Munsiff Cum Judicial Magistrate court, Thiruppathur.

2. The Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai district (In Crime No.03 of 2016)

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

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G.ILANGOVAN. J.

TM 14.03.2023 5/5