Chandrakanth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20960 of 2022 1.Chandrakanth 2.Vasanthi ... Petitioners/Accused No.1 & 2 Vs.
1.State rep. by Inspector of Police, Sivagangai Town Police Station, Sivagangai. Crime No.275 of 2015. ... Respondent/Complainant 2.Veluchamy ... Respondent/Defacto Complainant 3.Rukhmani ... Respondent/Victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating in C.C No. 227 of 2019 pending on the file of the Learned Additional Mahila court (J.M Level), Sivagangai, and quash the proceedings.
For Petitioners : Mr.P.Manimaran For R1 : Mr.S.Manikandan Government Advocate (Crl. side) For R2 & R3 : Mr.D.Shanmugaraja 1/5
O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.227 of 20192 on the file of the learned Judicial Magistrate, Additional Mahila Court (JM Level), Sivagangai. 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.275 of 2015 for the offences punishable under Sections 294(b), 323, 506(i) of IPC and Section 4 of TNPWH Act, 2004.
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 were also identified by the learned Government Advocate (Crl. side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is 2/5
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 15.02.2023, 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.227 of 20192 pending on the file of the learned Judicial Magistrate, Additional Mahila Court (JM Level), Sivagangai in respect of the petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.227 of 20192, pending on the file of the learned Judicial Magistrate, Additional Mahila Court (JM Level), Sivagangai 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.
28.03.2023 Index : Yes/No Internet : Yes/No TM 3/5
To 1.The Judicial Magistrate, Additional Mahila Court (JM Level), Sivagangai.
2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN. J.
TM 28.03.2023 5/5