Mr.R.Karthikeyan (M/31) v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.25426 of 2016 1.R.Karthikeyan 2.Rajappan 3.Sundarambbal .. Petitioners Vs 1.The State rep. by the Inspector of Police, All Women Police Station, Thudiyalur, Coimbatore District.

(Cr.No.4/16) 2.K.Tamilarasi .. Respondents Petitions filed under Section 482 of the Criminal Procedure Code, to call for records and quash the proceedings in Crime No.4 of 2016 pending before the first respondent police by appreciating the above said facts and circumstances. For Petitioners : Mr.Ma.P.Thangavel For R1 : Mr.C.Emalias, APP For R2 : Mr.M.Ramanathan

ORDER

This Criminal Original Petition has been filed to call for the records relating to the proceedings in Crime No.4 of 2016 on the file of the first respondent police and quash the same.

2. Today, when the matter came up for hearing, both the learned counsel appearing for the parties submitted that the dispute between the parties has been amicably settled. They have also filed a joint compromise memo dated 20.01.2017 to that effect.

3. The relevant terms and conditions of the said joint compromise memo read thus:

"2. The petitioners submit that the first petitioner and the defacto complainant has entered https://hcservices.ecourts.gov.in/hcservices/

into a compromise and settled their disputes amicably.

3. The petitioners submit that a mutual divorce has been granted in HMOP No.38 of 2016 on the file of the 2nd Additional Sub Judge, Coimbatore on 31.08.2016 between the first petitioner herein and the defacto complainant.

4. The petitioners submit that the defacto complainant had received cash from the first petitioner herein by receiving amount of Rs.5,00,000/- as an one time settlement and also received court expenses for a sum of Rs.10,000/- by way of cash on 20.01.2017.

5. It is also submitted that the first petitioner herein and the defacto complainant had filed this joint compromise memo before this Hon'ble Court stating that they had amicably settled the dispute.

6. The second petitioner and the third petitioner, who are parents of the first petitioner are old aged, moreover the 2nd petitioner had met with accident and not able to move anywhere. Hence, the presence of petitioners 2 and 3 may be dispensed with. Therefore, it is most prayed before this Hon'ble Court may be pleased to quash the proceedings in Crime No.4 of 2016 pending before the first respondent police by recording joint compromise memo and thus render justice."

4. In view of the above, the Criminal Original Petition is allowed and the criminal proceedings in Crime No.4 of 2016 pending on the file of the first respondent is quashed. The joint compromise memo dated 20.01.2017 filed by the parties is taken on record.

sd/ Assistant Registrar(CS III) /true copy/ Sub Assistant Registrar rk To 1.The Inspector of Police, All Women Police Station, Thudiyalur, Coimbatore District.

2.The Public Prosecutor, High Court, Madras - 104.

+1cc to Mr.MA.P.Thangavel, Advocate SR.No.4142 Crl.O.P.No.25426 of 2016 MSM(CO) GN(03/03/2017) https://hcservices.ecourts.gov.in/hcservices/