Sabari Saravanan 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.Sabari Saravanan 2.Thilaga ... Petitioners Vs.
1.The State Rep by The Inspector of Police, All Women Police Station, Madurai Town, Madurai District.
Cr.No.10/2017 2.Remya
...Respondents
PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in Connection with C.C.No.197/2017 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, Madurai District, in relation to Cr.No.10/2017 on the file of the Inspector of Police All Women Police Station.
For Petitioners : Mr.N.Nainar Rajan For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) For R2 : Mr.M.Mathan Kumar 1/5
ORDER
This Criminal Original Petition has been filed seeking to quash the charge sheet in C.C.No.197 of 2017 on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, Madurai 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.10 of 2017 for the offences punishable under Sections 498(A), 406 and 506(i) of IPC and Section 4 of TNPHW Act, 2002.
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. It is a matrimonial issue between the parties. The defacto complainant obtained a sum of Rs.3,00,000/- (Rupees three lakhs only) as permanent alimony from her husband. 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.197 of 2017 pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, Madurai District in respect of the petitioners.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.197 of 2017, pending on the file of the learned Judicial Magistrate, Additional Mahila Court, Madurai, Madurai District is hereby quashed in respect of the petitioners alone. The compromise memo is recorded and the terms of joint compromise memo 3/5
shall form part of this order.
04.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No TM To 1.The Judicial Magistrate, Additional Mahila Court, Madurai, Madurai District.
2.The Inspector of Police, All Women Police Station, Madurai Town, Madurai District.
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