M.G.Geetha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.16348 of 2014 and M.P.(MD) No.1 of 2014 1.M.G.Geetha 2.M.G.Jeyajothi 3.Balaji 4.B.G.Malani 5.Rengasamy 6.T.A.Ruben Rose ... Petitioners/Accused Nos. 1 to 6 -Vs1.The State represented by The Inspector of Police, Kazhiyakavizhai Police Station, Kanyakumari District. ... 1stRespondent/Complainant 2.Jansi ... 2nd Respondent/De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to quash the charge sheet in C.C.No. 101 of 2014 pending on the file of Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District.

For Petitioners : Mr.C.Muthu Saravanan For R-1 : Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 : Ms.J.Anandhavalli

O R D E R

This Criminal Original petition has been filed to quash the proceedings in C.C.No. 101 of 2014 pending on the file of Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3.On the basis of complaint given by the second respondent, a case was registered in Crime No.268 of 2014 for the offences punishable under Sections 147, 448, 294(b), 323, 379 and 506(i) I.P.C. Subsequently final report was filed and that case was taken on file in C.C.No. 101 of 2014 on the file of Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/

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. A Joint Compromise Memo, dated 25.07.2017, is also filed. As per the Joint Compromise Memo, the de-facto complainant, namely, second respondent has given her consent to quash the entire proceedings culminating in C.C.No.101 of 2014 in favour of the petitioners.

5.The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memo 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 (Criminal 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 this matter pending. As per the Compromise Memo signed by the parties, the de-facto complainant, namely, the second respondent has agreed to quash the proceedings against the petitioners. Hence the criminal proceedings culminating in C.C.No. 101 of 2014 pending on the file of Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District, is quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

7.Accordingly, the Criminal Original petition is allowed. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.I, Kuzhithurai, Kanyakumari District.

2.The Inspector of Police, Kazhiyakavizhai Police Station, Kanyakumari District.

+1cc to M/S.J.Anandhavalli, Advocate SR.No. 70374 Crl.O.P.(MD) No.16348 of 2014 and M.P.(MD) No.1 of 2014 cmr/gsp JM/MR KKR/SAR 2/17.08.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/