Nondichamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2024

CORAM:

THE HON'BLE MR JUSTICE A.A.NAKKIRAN Crl.O.P.(MD)No. 22470 of 2023 1.Nondichamy 2.Rajesh 3.Karuppasami @ Karuppu 4.Karthick @ Karthi 5.Ramki 6.Ganthimathi 7.Arumugan 8.Solairani @ Cholaiyammal 9.Kavitha ... Petitioner / Accused Nos.1 to 9 Vs.

1.The State represented by The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.1330 of 2020) ... 1st Respondent/Complainant 2.Thirumalai ... 2nd Respondent / Defacto Complainant Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records connected to the impugned Charge Sheet in C.C.No. 125 of 2021 on the file of the Judicial Magistrate Court, Melur pertains to 1/4

Crime No.1330 of 2020 on the file of the first respondent and quash the same a illegal.

For Petitioners : Mr.R.Karunanidhi For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.S.Rajasekar

ORDER

This petition has been filed by the petitioner to quash the proceedings in C.C.No.125 of 2021 on the file of the Judicial Magistrate Court, Melur.

2.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.1330 of 2020 for the offences punishable under Sections 147, 294(b), 323 of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, against the petitioners. 3.The further contention of the petitioners is that they compromised the issue between them and the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels. 2/4

4.The petitioners and the second respondent appeared along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Additional Public Prosecutor. 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 11.01.2024, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.125 of 2021 pending on the file of the Judicial Magistrate Court, Melur, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 30.04.2024 2/2 NCC : Yes/No Internet:Yes Index:Yes/No dss 3/4

A.A.NAKKIRAN, J., dss To 1.The Judicial Magistrate Court, Melur.

2.The Inspector of Police, Othakadai Police Station, Madurai District.

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

Crl.O.P.(MD)No. 20544 of 2021 and Crl.MP(MD)Nos.11706 & 11707 of 2021 30.04.2024 4/4