Madras High CourtCRL OP(MD)/1509/2018allowed

Yasoth v. The Sub Inspector Of Police

2018-02-07Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.1509 of 2018 1.Yasoth 2.Ananthavalli 3.Suganthi

...Petitioners/Accused Nos.1 to 3

-Vs1. The State represented by its, The Sub-Inspector of Police, All Women Police Station, Thirupparangundram, Madurai District, (In Crime No.134 of 2014) ... 1st Respondent/Complainant 2.B.Radha Priyadharshini ... 2nd Respondent/De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.226 of 2016, pending on the file of the learned Additional Mahila Court/Judicial Magistrate Court, Madurai and quash the same, in view of the compromise entered between the defacto complainant/the 2nd respondent and the petitioners/Accused Nos.1, 2 & 3. For Petitioners : Mr.N.Sathish Babu For R-1 : Mr.O.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For R-2 : Mr.M.Veilkaniraju ***

ORDER

This Criminal Original petition has been filed to quash the charge sheet in C.C.No.226 of 2016, pending on the file of the learned Additional Mahila Court/Judicial Magistrate Court, Madura, in view of the compromise entered between the defacto complainant/the 2nd respondent and the petitioners/Accused Nos.1, 2 & 3.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The petitioners are the accused Nos.1 to 3 in Crime No.134 of 2014. The second respondent is the defacto complainant in the above said crime number. The complaint in Crime No.134 of 2014 was registered for the offences punishable under Sections 498(A) and 506 (i) I.P.C on the file of the first respondent police. The petitioners are arrayed as accused 1 to 3 in the above said crime number. The first respondent has investigated the matter and filed the final report before the learned Additional Mahila Court/Judicial Magistrate, Madurai against all the three accused. Thereafter, the said case was committed for trial before the learned Additional Mahila Court/Judicial Magistrate Court, Madurai 4.It appears that at the advise of the elders and friends, the petitioners and second respondent have agreed to compromise the matter, out of Court.

Joint Compromise Memo, dated 18.01.2018 is also filed to that effect. As per the Joint Compromise Memo, the defacto complainant, namely, the second respondent has given her consent to quash the proceedings in C.C.No.226 of 2016, on the file of the Additional Mahila Court/Judicial Magistrate, Madurai, in respect of these petitioners.

5.The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memos on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate (Crl.Side) through the first respondent police.

6.Having regard to the agreement made between the parties, this Court is of the view that no useful purpose will be served by keeping these matters pending. As per the Compromise Memos signed by the parties, the de-facto complainant, namely, the second respondent has agreed to quash the proceedings in C.C.No.226 of 2016, on the file of the Additional Mahila Court/Judicial Magistrate, Madurai.. Hence the criminal proceedings in C.C.No.226 of 2016, on the file of the Additional Mahila Court/Judicial Magistrate, Madurai are quashed in respect of these petitioners and the Joint Compromise Memo signed by the parties shall form part of the order.

7. Accordingly, this Criminal Original petition is allowed. Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar

(*)COMPROMISE MEMO XEROX COPY IS ENCLOSED HEREWITH To 1.The Additional Mahila Court/Judicial Magistrate Court, Madurai 2.The Sub-Inspector of Police, All Women Police Station, Thirupparangundram, Madurai District, 3.The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+One cc to Mr.N.Sathish Babu, Advocate, SR.No.47007 vs RL/5C/3P/KK/SAR1/22/2/2018 Crl.O.P.(MD) No.1509 of 2018 07.02.2018