Vivek v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.20508 of 2023 and Crl.M.P.(MD) No.16042 of 2023 1.Vivek 2.Vimala 3.Raju 4.Natchiyappan ... Petitioners/1st to 4th Accused Vs.

1. State rep by its The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

(Crime No.111 of 2022) ...1st Respondent/Complainant 2.Angayarkanni ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records C.C.No.174 of 2022 dated 06.09.2022 on the file of the Principal District Munsif Cum Judicial Magistrate Court, Thiruppathur, Sivagangai District, and quash the charge sheet as against the petitioners herein.

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For Petitioners : Mr.K.Chithiraichamy For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.B.Senthil Nathan O R D E R This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.174 of 2022 on the file of the Principal District Munsif Cum Judicial Magistrate Court, Thiruppathur, Sivagangai District.

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.111 of 2022 for the offences punishable under Sections 294(b), 448, 323 IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, against the petitioners. It appears that it is a issue between the family members.

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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 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 06.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.174 of 2022 pending on the file of the Principal District Munsif Cum Judicial Magistrate Court, Thiruppathur, Sivagangai District, is quashed and the compromise memo is recorded. 3/5

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.174 of 2022, pending on the file of the Principal District Munsif Cum Judicial Magistrate Court, Thiruppathur, Sivagangai District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous Petition is closed. 06.12.2023 Index : Yes/No Internet : Yes/No Indu To 1.The Principal District Munsif Cum Judicial Magistrate Court. Thiruppathur, Sivagangai District.

2. The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District.

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

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G.ILANGOVAN. J.

Indu Crl.O.P.(MD) No.20508 of 2023 06.12.2023 5/5