Saravana Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2023
CORAM
THE HON'BLE MR.JUSTICE G.ILANGOVAN 1.Saravana Kumar 2.Sasikumar 3.Maridhass @ Maridoss 4.Vivek 5.Suriya @ Jeyasuriya 6.Bharath ... Petitioners/Accused Vs.
1.State of Tamil Nadu rep by The Inspector of Police, Bazar Police Station, Ramanathapuram District.
(Crime No.434/2021).
...Respondent/Complainant
2.Malarvizhi
...Respondent/Defacto Complainant
PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the final report in CC.No.110 of 2022 pending before the Judicial Magistrate cum Additional Mahila Court, Ramanathapuram, Ramanathapuram District, and quash the same as illegal.
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For Petitioners : Mr.B.Mahendrarajan For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.side) For R2 : Mr.S.Vikram
ORDER
This Criminal Original Petition is filed seeking quashment of in impugned charge sheet in C.C.No.110 of 2022 on the file of the Judicial Magistrate cum Additional Mahila Court, Ramanathapuram, Ramanathapuram District, in connection with Crime No.434 of 2021 on the file of the 1st Respondent Police.
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.434 of 2021 for the offences punishable under Sections 147, 294(b), 323, 324 & 506(ii) of IPC and 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, against the petitioners. It is a case in counter case.
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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. 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, dated 19.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in C.C.No.110 of 2022 pending on the file of the Judicial Magistrate cum Additional Mahila Court, Ramanathapuram, Ramanathapuram District, 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 C.C.No.110 of 2022 pending on the file of the Judicial Magistrate cum Additional Mahila Court, Ramanathapuram, Ramanathapuram District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 20.12.2023 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No dss To 1.The Judicial Magistrate cum Additional Mahila Court, Ramanathapuram, Ramanathapuram District.
2.The Inspector of Police, Bazar Police Station, Ramanathapuram District.
(Crime No.434/2021).
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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G.ILANGOVAN ,J.
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