Madras High CourtCRL OP(MD)/3694/2018allowed

Rajkumar v. The Inspector Of Police

2018-03-13Honourable Mr Justice P. Rajamanickam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD) No.3694 of 2018 1.Rajkumar 2.Subbaiah 3.Pitchammal

...Petitioners/Accused No. 1 to 3

-Vs- The State represented by 1.The Inspector of Police, Seidunganallur, Thoothukudi District.

(Crime No.174 of 2017) ... 1st Respondent/Complainant 2.Annathai ...2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records relating to the FIR in Crime No.174 of 2017 on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.S.R.Durai Raj For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For R-2 : Mr.S.Jeyapaul

ORDER

This Criminal Original Petition has been filed to call for the records relating to the FIR in Crime No.174 of 2017 dated 28.08.2017 on the file of the first respondent police 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.

3.The petitioners are accused in Crime No.174 of 2017. Based on the complaint lodged by the second respondent, against the petitioners, a case was registered in Crime No.174 of 2017 on the https://hcservices.ecourts.gov.in/hcservices/

file of the first respondent police, for the offence punishable under Sections 294(b), 323, 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 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.174 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.174 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.

1. The Inspector of Police, Seidunganallur, Thoothukudi District.

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

+ 1 cc TO Mr.M.S.Jeyakarthik , Advocate in SR No. 55217 das AE/JC/SAR3/02.04.2018/2P/4C Crl.O.P.(MD) No.3694 of 2018 13.03.2018 https://hcservices.ecourts.gov.in/hcservices/