Madras High Court
CRL OP(MD)/1718/2024 of Arun Babu Vs The Inspector of Police on 24 September 2026
CRL OP(MD) No. 1718 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24-09-2026
CORAM
THE HON'BLE DR. JUSTICE P. MURUGAN
CRL OP(MD) No. 1718 of 2024
CNR:{HCMD010113372024}
1. Arun Babu
2. Govindasamy
3. Rani
4. Uma Mageshwari
5. Jayakumar
6. Sivabharathi
..Petitioner(s)
Vs
1. The Inspector of Police
All Women Police Station,
Thilagar Thidal,
Madurai District.
Crime No.5 of 2021.
2. Sindhuja
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with the impugned charge sheet in C.C. No.634 of 2022 on the file of the learned Judicial Magistrate No.5, Madurai and quash the same in so far as the petitioner is concerned and to pass any other order or direction.
For Petitioner(s): Mr. S.Sarvagan Prabhu __________
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CRL OP(MD) No. 1718 of 2024
For Respondent(s): Mr. C. Susikumar
Government Advocate (Crl.Side)
for R1
M/s. Aakash Elango
for R2
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ORDER
Heard both sides.
2. Mr.C. Susikumar, learned Government Advocate (Criminal Side), takes notice for the 1st respondent and Mr. Aakash Elango, learned counsel appearing for the 2nd respondent.
3. This is the petition filed to quash the proceedings in C.C.No.634 of 2022, on the file of the learned Judicial Magistrate No.5, Madurai. The petitioners are arrayed as accused Nos.1 to 6 in the said case. The 2nd respondent is the wife of 1st petitioner, the 2nd respondent filed a compliant before the 1st respondent police for the offences alleged under Section 498(A), 406 and 506(1) of Indian Penal Code 1860, against the petitioners. Based on the said compliant, a case was registered in Crime No.5 of 2021 on 08.02.2021. After investigation the police filed a final report before the learned Judicial Magistrate No.5, Madurai and the same was taken on file as C.C.No.634 of 2022.
4. Pending the criminal case, there is some development between the petitioners and the 2nd respondent. The 2nd respondent and the 1st petitioner herein filed a divorce petition by mutual consent in H.M.O.P. No.1507 of 2022 on the file of the Family Court, Madurai, and __________
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CRL OP(MD) No. 1718 of 2024 the decree of divorce was granted on 06.07.2026.
5. Further, the 2nd respondent has filed a Domestic Violence case under D.V.C. No.58 of 2024, which was pending before the learned Additional Mahila Court, Madurai, seeking maintenance and other reliefs against the 1st petiitoner herein. The 2nd respondent has also filed a maintenance case against the 1st respondent in M.C. No.85 of 2024, which was pending on the file of the Family Court, Madurai. Following the grant of divorce between the 1st petitioner and the 2nd respondent, the dispute in the aforementioned D.V.C. and M.C. proceedings were settled and compensation was paid by the 1st respondent herein to the 2nd respondent, and the same was accepted. Thereafter, with the intervention of the elders of both families, the 2nd respondent and the petitioners entered into a compromise with a view to put an end to their disputes and enabling them to lead their respective life peacefully without futher litigation.
6. In respect of the criminal case in C.C.No.634 of 2022, on the file of learned Judicial Magistrate No.5, Madurai, they have entered into a joint compromise memo dated 01.04.2026 and filed it before this Court on 09.04.2026. Thereafter, the matter is listed today before this Court.
7. The petitioners 1, 2, 4 to 6 and the 2nd respondent are present, and the 3rd petitioner is concerned who is an aged person suffering from __________
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CRL OP(MD) No. 1718 of 2024 cancer and is, therefore, unable to appear before this Court in person. Hence, at the request made by the petitioners and also concurrence of the learned counsel for the 2nd respondent, the 3rd petitioner was permitted to participate in the proceedings through video conferencing, and she accordingly connected through virtual mode.
8. Upon perusing the joint compromise memo and its contents, when this Court enquired the petitioners as well as the 2nd respondent to know whether the joint compromise memo was entered into voluntarily without any force, coercion or undue influence from any person.
9. As the 3rd petitioner connected through virtual mode, this Court enquired her. She submitted that there is a settlement between the petitioners as well as the 2nd respondent and it was entered into voluntarily, on her own free will and wihtout any influence. Therefore, their statements may be recorded and Court may pass suitable orders.
10. The identification of the 3rd petitioner is confirmed by the 2nd respondent on seeing the 3rd petitioner through video conferencing. Having confirmed the identity of the 3rd petitioner, this Court also verified the Aadhar Card of the 3rd petitioner. As regards the other petitioners, their original Aadhar cards were verified, and copies of their Aadhar cards were placed on record. __________
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CRL OP(MD) No. 1718 of 2024
11. Taking into consideration the facts and circumstances of the case, the decree of divorce granted between the 1st petitioner and the 2nd respondent, and the settlement of the domestic violence and maintenance proceedings has been closed by payment of compensation to the 2nd respondent, keeping the case before the learned Judicial Magistrate No.5, Madurai, is no longer necessary, particularly when the parties themselves entered into a settlement and they decided to go ahead with their own life. Therefore, this is a fit case to invoke the powers of this Court under Section 528 of BNSS and applying the inherent power, the case pending before the learned Judicial Magistrate No.5, Madurai, in C.C.No.634 of 2022, is quashed and the petitioners are directed to pay a sum of Rs.10,000/- all together to the Advocates’ Welfare Fund Trust, maintained by the Advocates’ fraternity of the Madurai Bench of Madras High Court, in this campus. After payment of Rs.10.000/- to the trust the petitioners are directed to produce proof of such payment.
12. With the above observations and directions, this Criminal Original Petition stands allowed, and the proceedings in C.C.No.634 of 2022, on the file of the learned Judicial Magistrate No.5, Madurai, is __________
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CRL OP(MD) No. 1718 of 2024 hereby quashed. The joint compromise memo shall form part and parcel of this order. 24-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No psm __________
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CRL OP(MD) No. 1718 of 2024 To
1. The Inspector of Police All Women Police Station, Thilagar Thidal, Madurai District. Crime No.5/2021.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. __________
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CRL OP(MD) No. 1718 of 2024 DR. P. MURUGAN, J. psm CRL OP(MD) No. 1718 of 2024 24-09-2026 __________
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