Madras High CourtCRL OP(MD)/14976/2015allowed

Palanivel v. The Sub - Inspector Of Police

2015-07-31Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P(MD)No.14976 of 2015 1.Palanivel 2.Gunasekaran 3.Punitha ... Petitioners/Accused Nos.1 to 3 -Vs1.State rep. By The Sub-Inspector of Police, Mathagupatti Police Station, Crime No.178 of 2015 Sivagangai District.

..1st Respondent/Complainant 2.Selvi ..2nd Respondent/Defacto Complainant PRAYER:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 praying to call for the records in Crime No.178 of 2015 on the file of the Sub-Inspector of Police, Mathagupatti Police Station, Sivagangai District and to quash the same. For Petitioners : Mr.P.M.Viswanathan For R - 1 : Mr.K.Anbarasan Government Advocate (Crl. Side) For R - 2 : Ms.S.T.Kanimozhi

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.178 of 2015 on the file of the Sub-Inspector of Police, Mathagupatti Police Station, Sivagangai District and to quash the same.

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

3. The petitioners are arrayed as accused in Crime No.178 of 2015 for the alleged offences under Sections 454 and 380 of the Indian Penal Code and seeking to quash the said proceedings, the present petition has been filed.

4. The petitioners and the respondent No.2 are relatives. The respondent No.2 is the brother's wife of A.2 and A.3 is the wife of A.2. A.1 is the relative of A.1 and A.2. The allegation is that ATM of the defacto complainant has been misused.

5. Today, a compromise memo has been filed stating that the case registered in Crime No.178 of 2015 for the alleged offences under Sections 454 and 380 of the Indian Penal Code is not required to be proceeded with and the same has been signed by both the parties duly attested by the counsels.

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6. The parties, who are present before this Court, also reiterated the same along with their counsel.

7. Taking into consideration of the fact that the parties are relatives, this Court is inclined to quash the proceedings.

8. Accordingly, this Criminal Original Petition is allowed and the proceedings in Crime No.178 of 2015 on the file of the first respondent is quashed. The said memo of compromise is taken on record. Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To 1.The Sub-Inspector of Police, Mathagupatti Police Station, Sivagangai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to MR.PM.VISWANATHAN, Advocate in SR.No. 42452 Ps SR : 21.08.2015 : 2p/4c Crl.O.P(MD)No.14976 of 2015 31.07.2015 https://hcservices.ecourts.gov.in/hcservices/