Mr.N.Mohan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15-10-2015 Coram THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.22307 of 2015

1. N. Mohan

2. Narasiman

3. Uma ..Petitioners/Accused Vs.

1. State by Inspector of Police, ..1st Respondent/ All Women Police Station, Complainant Thiruttani, Thiruvallore District

2. Tamil Thendral ..2nd Respondent Defacto complainant Criminal Original Petition filed under Section 482 of Cr.P.C. with a prayer to call for the records relating to C.C.No.34 of 2014 on the file of the Judicial Magistrate Court, Pallippattu and quash the same. For Petitioners : Mr.H.Manojin For 1st Respondent : Mr.C.Emalias, Additional Public Prosecutor For 2nd Respondent : Mr.S.Senthilnathan

O R D E R

On a complaint lodged by Tamil Thendral (defacto complainant), the first respondent Police registered a case in Crime No.3 of 2013 and after completing investigation, filed final report in C.C.No.34 of 2014 before the Judicial Magistrate, Pallippattu, Thiruvallur District, for offences under Sections 498A, 406, 294(b) and 506(i) IPC read with Section 4 of the Women Harassment Act, against Mohan (A-1), Narasimhan (A-2), and Uma (A-3).

2. Now it appears that the parties have arrived at a compromise and they have amicably settled the issues between them. A memorandum of compromise dated 24.8.2015 is filed before this Court, wherein it is stated as follows:

"(iii) The party of the second part agrees not to proceed with the proceedings initiated by her under the Domestic Violence Act and pending as C.M.P.No.764 of 2014 on the file of the Judicial Magistrate Court, Pallippattu, and also agrees not to proceed with the Criminal Proceedings initiated against the Party of the First Part, and his Parents vide the Complaint filed by the party of the Second Part before the All Women Police Station, Thiruttani, which is now pending as C.C.No.34 of 2014 on the file of the Judicial Magistrate Court, Pallippattu, and the party of the Second part agrees to give in writing her "No Objection" for the above said Criminal Proceedings being quashed by the orders of the Hon'ble High Court, Madras."

3. Today Tamil Thendral (defacto complainant) is present before this Court and she was identified by A.Ramani, WPC No.1376, All Women Police Station, Thiruthani. Tamil Thendral was enquired and she has stated that the Memorandum of Compromise was entered into voluntarily without any undue influence.

4. In view of the above, this petition is allowed and the proceedings in C.C.No.34 of 2014 on the file of the Judicial Magistrate, Pallippattu is hereby quashed.

Vr Sd/- Assistant Registrar (CO) /True Copy/ Sub-Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Thiruttani, Thiruvallore District

2. The Public Prosecutor, High Court, Chennai.

3. The Judicial Magistrate Court, Pallippattu

4. The Chief Judicial Magistrate, Thiruvallur +1 C.C. To MR.S.Senthilnathan, Advocate in SR.NO.57266 +1 C.C. To MR.P.V.Rajeswari, Advocate in SR.NO.57101 Crl.O.P.No.22307 of 2015 RV(CO) sd : 28/10/2015