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Madras High CourtCRL OP(MD)/22751/2024allowed

Ganeshwari v. The State Of Tamilnadu

2025-04-29Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.22751 of 2024 Ganeshwari ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Inspector of Police, Thirunagar Police Station, Madurai City.

Crime No.199 of 2019.

2. Maheswari ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to call for the records pertaining to the impugned Charge sheet in C.C.No.1318 of 2019 on the file of the Judicial Magistrate Court No.VI, Madurai, and quash the same. For petitioner : Mr. D. Anbarasu For R1 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl.Side) Page No. 1 of 5

For R2 : Ms.S.Prabha *****

O R D E R

This petition has been filed by the petitioner to call for the records pertaining to C.C.No.1318 of 2019 on the file of the Judicial Magistrate Court No.VI, Madurai, for the offences under Section 420 of IPC, in Crime No.199 of 2019 and quash the same.

2. According to the petitioner, the petitioner and defacto complainant are living in same locality. Based on the complaint given by the defacto complainant, the police has registered FIR in Cr.No.199 of 2019 for the offences under Section 420 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.1318 of 2019 , 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 the matter has been settled between the parties and she received the money from the petitioner and further, they entered into a compromise as they are living in same locality and she has no objection in allowing this petition. A compromise memo, dated 25.04.2025 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 matter has been settled between the parties and the money also exchanged between the parties and the defacto complainant also admitted the receipt of the money 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.1318 of 2019 on the file of the Judicial Magistrate Court Page No. 3 of 5

No.VI, Madurai, is quashed.

29.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Judicial Magistrate No.VI, Madurai 2.The Inspector of Police, Thirunagar Police Station, Madurai City.

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

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P.DHANABAL,J apd Crl.OP(MD) No.22751 of 2024 29.04.2025 Page No. 5 of 5