Mr. Sivakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2015
CORAM:
THE HONOURABLE MS.JUSTICE R.MALA CRL.O.P.(MD).No.15900 of 2013 1.Sivakumar 2.S.Lakshmanan 3.L.Muthulakshmi : Petitioners/Accused No.1 to 3 Vs.
1. The State, represented by The Inspector of Police, All Women Police Station, Kovilpatti, Tuticorin District.
(Crime No.2/2012) :Ist Respondent/Complainant 2.Abirami @ Saranya :IInd Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code praying this Court to call for the records pertaining to Charge sheegt in C.C.No.40 of 2013 pending on the file of the Judicial Magistrate No.1, Kovilpatti filed by the respondents herein under Sections 498(A) and 506(i) IPC and Section 4 of Dowry Prohibition Act and to quash the same as against these Petitioners.
For Petitioners : M/s.B.Rajesh Saravanan For Respondent-1 : Mr.K.Anbarasan Govt. Advocate (Criminal Side) For Respondent-2 : Mr.T.Antony Arul Raj
ORDER
The quash petition has been filed by the petitioners seeking to quash the proceedings in C.C.No.40 of 2013 on the file of the learned Judicial Magistrate No.1, Kovilpatti.
2. It is seen that the alleged offence attributed against the petitioners is under Section 498(A) and 506(i) of IPC and Section 4 of Dowry Prohibition Act. When the matter is taken up for hearing, the petitioners and the second respondent appeared in person and their identity was verified by this Court and the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent filed a memo of https://hcservices.ecourts.gov.in/hcservices/
compromise stating that since the matter has been compromised, the second respondent agreed to withdraw the above said case in C.C.No.40 of 2013 pending on the file of the learned Judicial Magistrate No.I, Kovilpatti.
3. Considering the nature of allegation and also considering the memo of compromise filed by the petitioners and the second respondent and since the Investigating Agency, on completion of investigation, has filed a charge sheet, which has been taken on file in C.C.No.40 of 2013 on the file of the learned Judicial Magistrate No.I, Kovilpatti, this Court is of the opinion that no useful purpose would be served by allowing the trial to proceed with. Therefore, the entire proceedings in C.C.No.40 of 2013 on the file of the learned Judicial Magistrate No.I Kovilpatti is hereby set aside insofar as the Petitioners are concerned and this Criminal Original Petition is allowed in terms of compromise memo. The compromise memo shall form part of the order.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To
1. The Judicial Magistrate No.I, Kovilpatti.
2. The Inspector of Police, All Women Police Station, Kovilpatti, Tuticorin District.
3. The Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO MR.B.RAJESH SARAVANAN, ADVOCATE IN SR NO. 49060 + 1 CC TO MR.T.ANTONY ARUL RAJ, ADVOCATE IN SR NO. 49616 VSN TE/GSV-PM/SAR-I 19/10/2015 2P/6C Encl: Xerox Copy of Joint Compromise Memo.
Order made in CRL.O.P.(MD).No.15900 of 2013 Dated:- 25.08.2015 https://hcservices.ecourts.gov.in/hcservices/