N. Ram Prakash v. The Inspector Of Police
Crl.O.P.(MD)No.972 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.972 of 2022 1.N.Ram Prakash 2.S.Nagalingam 3.Sujatha 4.Vithyasakar @ Vidyasakar 5.Sanmugan @ Shanmugam 6.Sasikala @ Sathya Narayani 7.Priyadharshini ... Petitioners / Accused Nos. 1 to 7 vs.
1.The State represented by, The Inspector of Police, All Women Police Station, Thilagar Tidal, Madurai City.
(Crime No.13 of 2021) ... 1st Respondent/ Complainant 2.Keerthana ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the impugned F.I.R. in Crime No.13 of 2021 on the file of the Inspector of Police, All Women Police Station, Thilagar Tidal, Madurai City and quash the same. For Petitioners : Mr.S.Sathya Chidambaram For R1 : Mr.M.Sakthikumar Government Advocate For R2 : Mr.Chellapandian, Senior counsel for Mr.S.Krishnamoorthy
O R D E R
This Criminal Original Petition has been filed for quashing the FIR in Crime No.13 of 2021 registered on the file of the first respondent for the offence under Section 498 (A), 323, 294(b), 406, 109 and 506 (i) IPC.
2.The defacto complainant is represented by the learned Senior Counsel.
3.The defacto complainant Keerthana is present in person before this Court through video conference. She has been duly identified by Smt.S.Rathika, WHC-3151, attached to the All Women Police https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.972 of 2022 Station, Thilagar Tidal, Madurai City. The defacto complainant categorically states before this Court that she does not want to pursue the complaint. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The parties have also filed a joint compromise memo. The impugned FIR is quashed.
4.It is further submitted that the first petitioner and the defacto complainant filed H.M.O.P.No.9 of 2022 on the file of the Family Court, Madurai, for dissolving their marriage by mutual consent. I have enquired the parties and there is no scope for reconciliation. The learned Family Court Judge, need not wait for mandatary period of six months. In stead, the case can be adjourned to an earlier date and the marriage between the parties can be dissolved.
5.With this direction to the learned Family Court Judge, Madurai, this Criminal Original Petition is allowed. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) dss 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 1.The Judge, Family Court, Madurai.
2.The Inspector of Police, All Women Police Station, Thilagar Tidal,Madurai City.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.972 of 2022 21.01.2022 bk(CO) GC(10.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2