M.E.Jothiganesh v. State Rep by

O R D E R This Criminal Original Petition has been filed to call for the records and to quash the charge sheet in C.C.No.2175 of 2024 pending on the file of the XVII Metropolitan Magistrate Court at Saidapet, Chennai.

¶2Heard the learned counsel appearing for the petitioners, the learned counsel appearing for the second respondent and the learned Government Advocate (Crl.Side) appearing for the first respondent-Police and perused the materials available on record.

¶3The first petitioner is the husband. The second respondent is his wife. Based on the complaint given by the de-facto complainant/second respondent herein, a case was registered against the petitioners herein in Crime No.5 of 2024 on 14.6.2024 for the offences under Sections 498(A) and 34 of the IPC. After investigation, the first respondent-Police registered a case and completed the investigation and filed a charge sheet on the file the XVII Metropolitan Magistrate, Saidapet, Chennai and the same was taken on file in C.C.No.2175 of 2024. Pending case, the accused/petitioners have filed the present petition to quash the charge sheet filed against them.

¶4Learned counsel for both the petitioners and the respondents submitted that both the parties have amicably settled the matter. Now, the de-facto complainant does not want to proceed the case further. Based on the complaint given by the de-facto complainant, the first respondent/Police registered a case against the accused persons. The Hon'ble Supreme Court has held that if the offence is purely private in nature and if the parties entered into a compromise, the complaint can be quashed on the ground of settlement/compromise arrived at between the parties.

¶5Today, when the matter is taken up for hearing, both the parties had appeared in person and they have stated that they had settled the matter among themselves. The de-facto complainant/second respondent herein has also stated that she does not want to prosecute the case as against her husband.

¶6Considering the facts and circumstances of the case and also considering the submission made by both the parties that settlement has been arrived at between the parties, this Court is inclined to quash the charge sheet in C.C.No.2175 of 2024 pending on the file of the XVII Metropolitan Magistrate Court at Saidapet. Accordingly, the same is quashed. In view of the same, the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

12.06.2025 Index:Yes/No Speaking Order: Yes/No mfa To

1.The XVII Metropolitan Magistrate Court at Saidapet, Chennai.

¶2The Inspector of Police, W25, All Women Police Station, T.Nagar, Chennai.

¶3The Public Prosecutor, High Court, Chennai. Crl.O.P.No.12719ooofo2025 P.VELMURUGAN,oJ mfa Crl.O.P.No.12719ooofooo2025 and Crl.M.P.Nos.o8409o&o8412ooofo2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.06.2025 CORAM THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.12719 of 2025 and Crl.M.P.Nos. 8409 & 8412 of 2025 1. M.E.Jothi Ganesh 2. L.M.Elango 3. Janaki ... Petitioners Vs 1. The State represented by, The Inspector of Police, W25, All Women Police Station, T.Nagar, Chennai. 2. Deepa @ Angulakshmi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to call for the records and to quash the charge sheet in C.C.No.2175 of 2024 pending on the file of the XVII Metropolitan Magistrate Court at Saidapet. For Petitioners : Mr.S.Shankar For R1 : Dr.C.E.Pratap Government Advocate (Crl.Side) For R2 : Mr.S.Ram Prasad Petitioner& R2 : Appeared in person