N. Alagubalakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.2630 of 2018 1.N.Alagubalakumar 2.Narayanan 3.N.Latha

...Petitioners/ Accused Nos.1 to 3

-Vs1.State rep by.

The Inspector of Police, All Women Police Station, Theni.

(Crime No.25 of 2017) ... Respondent/Complainant 2.Nanthinikumari ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the case in Crime No.25 of 2017 on the file of the Inspector of Police, All Women Police Station, Theni and quash the same. For Petitioners : M/S.A.Banumathy For 1stRespondent : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.side) For 2nd Respondent : Mr.M.Muthusamy

ORDER

This Criminal Original Petition has been filed to call for the records relating to the case in Crime No.25 of 2017 on the file of the Inspector of Police, All Women Police Station, Theni and quash the same.

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

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3.The petitioners are accused Nos.1 to 3 in Crime No.25 of 2017. Based on the complaint lodged by the second respondent, against the petitioners, the case was registered in Crime No.25 of 2017 on the file of the first respondent police, for the offence punishable under Sections 417, 420, 294(b), 506(i) and 109 IPC. 4.It appears that on the advice of friends and elders, the parties have entered into compromise and a Joint Compromise Memo, signed by both parties, in the presence of their respective counsel, is also filed. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has agreed to quash the First Information Report in Crime No.25 of 2017. 5.

The parties have 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 First Information Report in Crime No.25 of 2017, on the file of the first respondent police, 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(Crl side) /True Copy/ Sub Assistant Registrar Encl: Xerox copy of Compromise memo To

1. The Inspector of Police, All Women Police Station,Theni.

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

+ 2 ccs TO Mr.A.Mithun Chakravarthi , Advocate in SR No. 50334 cp AE/GT/SAR2/13.03.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.2630 of 2018 20.02.2018