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Madras High CourtCRL OP/3389/2016disposed of

Mrs.Johnsi v. State Rep By

2017-04-28Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.3389 of 2016 and Crl.M.P.No.1745 of 2016 Johnsi [ Petitioner ] Vs

1. State rep.by Inspector of Police, V-1, Villivakkam Police Station, Chennai.

2 .A.Vincent Asirvatham [Respondents] Petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records pending in Crime No.552 of 2015 from the file of the first respondent, and quash the same. For Petitioner : Mr.R.Bakyaraj For Respondents: Mr.C.Emalias, Additional Public Prosecutor for R1 Mr.P.Kumaresan for R2

O R D E R

The petitioner is the wife of one A.Victor Paul. The second respondent is the father-in-law of the petitioner. The second respondent / de facto complainant has filed a complaint against the petitioner's brother and one Maran, alleging assault on one Jamuna, w/o.Robert. Though the present complaint was lodged only against the petitioner's brother and the said Maran, the respondent police registered the First Information Report against the petitioner, her brother and the said Maran, in Crime No.552 of 2015 for the offences under Sections 294(b), 341 and 323 of the Indian Penal Code. The petitioner further states that her husband and her in-laws have ill-treated and harassed her, against which she lodged a complaint on 16.03.2015. But no action has been taken for the said complaint. Stating that the present complaint lodged by the second respondent is only to get https://hcservices.ecourts.gov.in/hcservices/

over her earlier complaint dated 16.03.2015 and hence the complaint filed by the second respondent is a false one, the petitioner has come up with this Criminal Original Petition. 2.When this Criminal Original Petition was taken up, the learned counsel for the petitioner as well as the learned counsel for the second respondent, have filed a joint memo of compromise duly signed by the petitioner, second respondent (de facto complainant) as well as the petitioner's husband, in which it is stated that both parties have agreed not to interfere in the future life of each other and not to press any of the complaints made by them before the authorities. 3.Both the parties are present. Their identities have been verified and they accepted the contents in the memo of compromise as true and genuine.

4.The memo of compromise is recorded and the same shall form part of this order. In view of the memo of compromise, the proceedings in Crime No.552 of 2015 pending on the file of the first respondent is quashed, and the Criminal Original Petition is disposed of in terms of the memo of compromise. Consequently, the connected miscellaneous petition is closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, V-1, Villivakkam Police Station, Chennai.

2. The Public Prosecutor, Madras High Court, Chennai-600 104.

+1 CC to Mr.S. Kumaresan, sr 36437 Crl.O.P.No.3389 of 2016 and Crl.M.P.No.1745 of 2016 RSY(CO) sp/11/5 https://hcservices.ecourts.gov.in/hcservices/