Joel J Vasanth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:04.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Joel J Vasanth 2.V.Joseph Augustine 3.M.Lourdes Mary ... Petitioners Vs.

1.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

Crime No.54/2020.

2. Mrs.Jaya Priya

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.24/2021 on the file of the Additional Mahila Court (Magisterial Level), Nagercoil and Quash the same.

For Petitioners : Mr.R.J.Karthick For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.M.P.Senthil 1/5

ORDER

This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.24 of 2021 on the file of the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil. 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.54 of 2020 for the offences punishable under Sections 498(A), 406 of IPC and Sections 4 & 6 of Dowry Prohibition Act, 1961 as against the petitioners. 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 2/5

the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Even though co-accused namely A4 and A5 are not present before this Court, who are the sister-in-law and brother-in-law of the defacto complainant, since the compromise reached between the defacto complainant and the first accused, who are the husband and wife, now they are joint together, absolutely, no necessary for keeping this proceedings pending even in respect of the above said accused persons. This Court is inclined to quash the above said proceedings entity. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.24 of 2021, pending on the file of the learned Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil is hereby quashed in entity. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

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NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM To 1.The Judicial Magistrate, Additional Mahila Court (Magisterial Level), Nagercoil.

2.The Inspector of Police, All Women Police Station, Nagercoil, Kanyakumari District.

Crime No.54/2020.

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

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G.ILANGOVAN ,J.

TM 04.12.2023 5/5