Kanagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:15.12.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Kanagaraj ... Petitioner Vs.

1.State Rep.by The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No.1064 of 2020) 2.Suresh Mani ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the charge sheet in CC No.548/2023 on the file of Learned Judicial Magistrate No.II, Kovilpatti and Quash the same as illegal. For Petitioner : Mr.M.Prabu For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) For R2 : Mr.R.Balakrishnan 1/5

ORDER

This Criminal Original Petition is filed to call for the records relating to the charge sheet in CC No.548/2023 on the file of Learned Judicial Magistrate No.II, Kovilpatti and Quash the same as illegal. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.1064 of 2020 for the offences punishable under Sections 294(b), 254 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 67 of Information Technology (Amendment) Act, 2008 INF C, against the petitioner.

3.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels. The issue between the husband and wife over some exaggerating facts and a complaint is given 2/5

by the defacto complainant which was also admitted by her. For the past 1-1/2 years, they are living together.

4.The petitioner 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. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 01.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in CC No.548/2023 on the file of Learned Judicial Magistrate No.II, Kovilpatti, is quashed and the compromise memo is recorded.

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6. In the result, the Criminal Original Petition stands allowed and the entire proceedings in CC No.548/2023 on the file of Learned Judicial Magistrate No.II, Kovilpatti, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

15.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The Judicial Magistrate No.II, Kovilpatti.

2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

(Crime No.1064 of 2020) 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

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