Vinothkumar vs The State Rep By
2024 Latest Caselaw 17686 Mad

Madras High Court

Vinothkumar vs The State Rep By on 5 September, 2024

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                      Crl.O.P.(MD)No.14879 of 2023

                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED : 05.09.2024

                                                      CORAM:

                        THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                          Crl.O.P.(MD)No.14879 of 2023


                     1.Vinothkumar

                     2.Devika                                    ... Petitioners/Accused No.1&2

                                                          vs.
                     1. The State rep by
                        The Inspector of Police,
                       All Women Police Station,
                       Thanjavur District.
                       (In Crime No.20 of 2021)                  ... 1st Respondent/Complainant

                     2.Anushiya                                  ...2nd Respondent/Defacto
                                                                              Complainant

                     Prayer:- Petition filed under Section 482 of Code of Cr.P.C., to call for the
                     records pertaining to the impugned charge sheet in C.C.No.54 of 2022 on
                     the file of the Additional Mahila Court (Magisterial Level), Thnajavur and
                     quash the same.
                                   For Petitioners    : Mr.A.Arun Prasad

                                   For Respondents : Mr.Mrs.M.Aasha,
                                                     Government Advocate (Crl.Side) for R1
                                                     Mr.S.Prabhu for R2


https://www.mhc.tn.gov.in/judis
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                                                                        Crl.O.P.(MD)No.14879 of 2023

                                                         ORDER

This petition is filed to quash the impugned charge sheet in

C.C.No.54 of 2022 on the file of the Additional Mahila Court (Magisterial

Level), Thnajavur.

2. The offence is under Sections 498(A) of IPC r/w Section 4 of

TNPWH Act, and the same is arising out of matrimonial issue.

3. This is the matrimonial offence. Both parties have united and

are living together. A copy of the Joint Compromise Memo is also filed.

Both the parties are present before this court. The defacto complainant was

enquired by this Court, and she submits that she has joined together and

both of them are living happily and states that the case need not be

proceeded with. A Joint Compromise Memo duly signed by both the

parties and also by their respective counsel. Therefore, the Joint

Memorandum of Compromise is recorded. The same shall form and part of

this order.

4. In view thereof, as per the dictum of the Hon'ble Supreme

Court of India in B.S.Joshi and ors., Vs. State of Haryana and anr., https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.14879 of 2023

reported in (2003) 4 SCC 675 and the subsequent judgments, I am

inclined to quash the proceedings in C.C.No.54 of 2022 on the file of the

Additional Mahila Court (Magisterial Level), Thnajavur.

5. Accordingly, the proceedings in C.C.No.54 of 2022 pending

on the file of the Additional Mahila Court (Magisterial Level), Thnajavur,

is quashed and the Criminal Original Petition is allowed.

05.09.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No dss

To

1.The Additional Mahila Court (Magisterial Level), Thnajavur.

2. The Inspector of Police, All Women Police Station, Thanjavur District.

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

https://www.mhc.tn.gov.in/judis

Crl.O.P.(MD)No.14879 of 2023

D.BHARATHA CHAKRAVARTHY, J.

dss

Crl.O.P.(MD)No.14879 of 2023

05.09.2024

https://www.mhc.tn.gov.in/judis