Alphonseraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No. 1706 of 2018 Alphonseraj

...Petitioner/Sole Accused

-Vs1. The Inspector of Police, Melapalayam Police Station, Tirunelveli City.

In Crime No.627 of 2017 ...1st Respondent/Complainant 2.A.Packialakshmi ...2nd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in Crime No.627 of 2017, on the file of the first respondent Police and quash the same in view of the compromise entered between the defacto complainant and the petitioner.

For Petitioner : Mr.R.Pon Karthikeyan For R1 : Mr.Prabu Ramachandran Government Advocate (Crl.side) For R2 : Mr.K.Sathish Kumar ***

ORDER

The Criminal Original Petition has been filed to call for the records in Crime No.627 of 2017, on the file of the first respondent Police and quash the same in view of the compromise entered between the defacto complainant and the petitioner. 2.Heard the learned counsel appearing for the petitioner, learned Government Advocate (Crl.side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The petitioner is the sole accused in Crime No.627 of 2017. Based on the complaint lodged by the second respondent, a case was registered for the offences punishable under Sections 294(b), 352 and 506(ii) I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

4.It appears that the petitioner and the second respondent, namely, the de-facto complainant have settled their dispute amicably out of Court and they have also entered into a compromise, on the advise of elders and their relatives. A Joint Compromise Memo, signed by both parties, in the presence of their respective counsel, is also produced before this Court. As per the https://hcservices.ecourts.gov.in/hcservices/

Joint Compromise Memo, the de-facto complainant, namely, the second respondent, has no objection for quashing the FIR in Crime No. 627 of 2017, on the file of the first respondent. 5.The parties appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Government Advocate (Crl.side) through the first respondent police. 6.Having regard to the specific terms of the Joint Compromise Memo, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence the FIR in Crime No.627 of 2017, on the file of the first respondent / The Inspector of Police, Melapalayam Police Station, Tirunelveli City, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

7.Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police, Melapalayam Police Station, Tirunelveli City.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.R.Pon Karthikeyan, Advocate Sr.No.46116 SSS VB/CVC/SAR4/09/03/2018/2P/4C Crl.O.P.(MD) No. 1706 of 2018 05.02.2018 https://hcservices.ecourts.gov.in/hcservices/