K.Harihara Suntharan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.22853 of 2024 K.Harihara Suntharan ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

Crime No.11 of2023.

2. Vineka ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records relating to the Final Report in C.C.No.1483 of 2023 dated 02.06.2023 on the file of the Learned Judicial Magistrate No. IV, Thoothukudi and quash the same as illegal.

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For petitioner : Mr.A. Joseph Jerry, For R1 : Mr. M.Vaikkam Karunanithi Government Advocate (Crl side) For R2 : Mr.Pon Karthikeyan *****

O R D E R

This petition has been filed by the petitioner to call for the records pertaining to C.C.No.1483 of 2023 on the file of the learned Judicial Magistrate No. IV, Thoothukudi for the offence under Section 498(A) of IPC, in Crime No.11 of 2023 and quash the same.

2. According to the petitioner, based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No. 11 of 2023 for the offence under Section 498(A) of IPC.

3. When the matter was taken up for hearing, the learned counsel on both sides represented that during pendency of the case in C.C.No.1483 of 2023, the matter has been amicably settled between the parties and to that effect, they have entered into a compromise and the same was filed before this Court.

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4. Today, the defacto-complainant and the accused are present and the Court enquired about the terms of compromise. The defactocomplainant represented that they entered into a compromise as they are husband and wife. A compromise memo, dated 10.03.2025 signed by the parties and their respective counsels, is also filed before this Court.

5. This Court has perused the terms of the compromise memo.

6. Considering the nature of the offences, the relationship between the parties and they have also entered into a compromise, it is appropriate to allow this petition.

7. Recording the said compromise memo, this petition is allowed and C.C.No.1483 of 2023 on the file of the learned Judicial Magistrate No. IV, Thoothukudi is quashed.

18.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No LR Page No. 3 of 5

To 1.The Judicial Magistrate No.IV, Thoothukudi.

2. The State of Tamilnadu, Rep by the Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

Crime No.11 of2023.

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

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P.DHANABAL,J LR Crl.OP(MD) No.22853 of 2024 18.03.2025 Page No. 5 of 5