K.Ramasamy v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.09.2021
CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.525 of 2021
1. K.Ramasamy
2. P.C.N.Reghu
3. I.Jagadheesh
4. K.Selvan ... Petitioners/Accused Nos 1 to 4 Vs.
1. State rep. by The Sub-Inspector of Police, Kulasekaran Police Station, Kulasekaram, Kanyakumari District.
(Crime No.490 of 2020) ...1st respondents/Complainant
2. Bindu ...2nd respondents/Defacto Complainant
3. R.Kumar ...3rd respondents/Victim PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the impugned F.I.R. in Crime No.490 of 2020 on the file of the 1st respondent police and quash the same.
For Petitioners : Mr.G.Aravindan For Respondents : Mr.K.Sanjai Gandhi for R1 Government Advocate(Crl.Side) for R1 Mr.K.Sivabalan for R2.
ORDER
Heard both sides.
2.This Criminal Original Petition has been filed to quash the First Information Report in Crime No.490 of 2020 on the file of the first respondent police, for the offences punishable under Sections 294(b), 323, 324, 506(ii) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 3.The second and third respondents as well as the petitioners/ accused 1 to 4 are present before this Court and they are identified by the respective learned counsel and both the parties have filed joint compromise memo stating that the matters in issue between them has been amicably resolved and therefore, the 1/3
second and third respondents are not willing to prosecute the case and therefore would pray for quashing the First Information Report. 4.The compromise memo is filed before this Court and the parties are also present at the learned Government Advocate office and their identity has also been verified through video conference. Since the matters in issue has been compromised between the parties, no purpose will be served in keeping the First Information Report pending.
5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.490 of 2020, on the file of the first respondent police is quashed. The joint compromise memo shall form part and parcel of this order.
Sd/- Assistant Registrar (Cs-II) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
ENCL: Xerox Copy of joint Compromise Memo To:
The Sub-Inspector of Police, Kulasekaran Police Station, Kulasekaram, Kanyakumari District.
Copy to The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-28371 [F] dated 07/09/2021 ) Crl.O.P(MD)No.525 of 2021 06.09.2021 SRK(CO) KB(23.09.2021) 2P 4C 2/3
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