Muthukkaruppan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN 1.Muthukkaruppan 2.Vennila 3.Veerapathiran 4.Pandimeenal ... Petitioner/Accused No.1 to 4 Vs.

1.The State rep. by The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

(Crime No.30 of 2022) ... Respondent/Complainant 2.Deepika Devi ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records and quash the charge sheet in C.C.No. 94/2023 on the file of the learned Judicial Magistrate, Karaikudi. For petitioners : Mr.C.Senthil Murugan For Respondents : Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) Mr.R.Shenbagaraj for R2 1/5

O R D E R This petition has been filed to quash the charge sheet in C.C.No. 94/2023 on the file of the learned Judicial Magistrate, Karaikudi. 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.30 of 2022 for the offences punishable under Sections 498(A) & 406 of IPC, 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 Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. The defacto complainant submitted that they are going to dissolve their marriage mutually before the Sub 2/5

Court, Devakottai, which is posted tomorrow. The defaco complainant also stated that she has received Rs.2 lakhs as permanent alimony. 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, 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.94 of 2023 pending on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.94 of 2023, pending on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District 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.

28.11.2023 Index : Yes/No Internet : Yes/No TM 3/5

To 1.The Judicial Magistrate, Karaikudi, Sivagangai District. 2.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

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G.ILANGOVAN. J.

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