Muthukumar v. The Inspector of Police

O RDER

This Criminal Original Petition is filed to call for the records pertaining to the case registered in impugned charge sheet in C.C.No.298 of 2018 on the file of the learned Additional Mahila Court Cum Judicial Magistrate, Nagercoil, on the basis of FIR in Crime No.12 of 2017 on the file of the 1st respondent / complainant.

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.12 of 2017 for the offences punishable under Sections 498A and 406 IPC and 3 and 4 of Dowry Prohibition Act, 1961, against the petitioners.

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.

¶4The 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 Government Advocate (Crl. Side) 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 30.11.2023, 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.298 of 2018 on the file of the learned Additional Mahila Court Cum Judicial Magistrate, Nagercoil, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.298 of 2018 on the file of the learned Additional Mahila Court Cum Judicial Magistrate, Nagercoil, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

22.12.2023 Index : Yes/No Internet : Yes/No trp To

¶1The learned Additional Mahila Court Cum Judicial Magistrate, Nagercoil,

2.The Inspector of Police, AWPS, Nagercoil, Crime No.12 of 2017

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. G.ILANGOVAN. J. trp Crl.O.P.(MD) No.23024 of 2023

22.12.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2023 CORAM: THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.23024 of 2023 1.Muthukumar 2.Ramalekshmi 3.Murugan 4.Sivakami 5.Parthiban ... Petitioners / Accused Vs. 1. State rep. by its The Inspector of Police, AWPS, Nagercoil, Crime No.12 of 2017 ... 1st Respondent/Complainant 2.M.Chandralekha ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the proceedings in C.C.No.298 of 2018 on the file of the learned Additional Mahila Court Cum Judicial Magistrate, Nagercoil, on the basis of FIR in Crime No.12 of 2017 on the file of the 1st respondent / complainant. For Petitioners : Mr.S.Sureshkumar For R1 : Mr.M.Sakthikumar Government Advocate (Crl. Side) For R2 : Mr.TK.Sidharthan