Madras High CourtCRL OP(MD)/1791/2020allowed

K.Rajalakshmi v. The Inspector Of Police

2021-12-13Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.1791 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.1791 of 2020 and Crl.M.P.(MD).No.843 of 2020 1.K.Rajalakshmi 2.Elango .. Petitioners/Accused Nos.1 & 2 Vs.

1.State represented by Inspector of Police, Anna Nagar Police Station, Madurai, Madurai District.

.. Respondent/Complainant 2.Seethalakshmi .. Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the First Information Report in Crime No.1641 of 2019, dated 12.12.2019 on the file of the respondent No.1 Police Personnel under alleged offence U/s. 294(D) 406,420, 506(II) of IPC and quash the same as illegal. For Petitioners : MrM.Arjun Vaman For R1 : Mr.S.Manikandan Government Advocate (Crl.Side) For R2 : Mr.T.Palanisamy for M/s.S.I.A.K.Bagadurshah

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.1641 of 2019 on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.1641 of 2019 for the offences punishable under Sections 294(b), 406, 420 506(ii) of IPC against the petitioners.

3.The learned counsel for the petitioner submitted that matter was referred to Mediation Centre and before Mediation both parties arrived at a compromise and based on that compromise a settlement was arrived.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.1791 of 2020 4.The 2nd respondent/defacto complainant appeared through video conference from her residence and it appears that she is not well and hence, her husband is present in person before this Court and stating that the entire amount has been received as agreed by the parties before the Mediation. The statement of the husband of the defacto complainant is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the settlement arrived before the Mediation Centre, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.1641 of 2019 pending on the file of the 1st respondent police is quashed. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.1641 of 2019, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Inspector of Police, Anna Nagar Police Station, Madurai, Madurai District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-38533[F] dated 14/12/2021 ) +1 CC to M/s.S.I.A.K.BAGADURSHA, Advocate ( SR-38696[F] dated 14/12/2021 ) Crl.O.P.(MD)No.1791 of 2020 13.12.2021 PS(CO) KB(14.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2