Madras High CourtCRL OP(MD)/3537/2021allowed

Xavier v. The Inspector Of Police

2021-08-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.3537 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3537 of 2021 1.Xavier 2.Salothmeri 3.Sirumani 4.Saveriyar 5.Aruldhas ... Petitioners Vs.

1.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District.

In Crime No.1258 of 2020 2.Jeya Beaulah ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.1258 of 2020 on the file of the Dindigul Taluk Police Station, Dindigul District and to quash the same.

For Petitioners : Mr.S.C.Herold Singh For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) For R2 : Mr.R.Marappan

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.1258 of 2020 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.1258 of 2020 for the offences punishable under Sections 294(b) and 323 of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, against the petitioners. It appears that the defacto complainant is the daughter-in-law of the 1st accused. The dispute arose between the family members.

3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels.

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Crl.O.P.(MD)No.3537 of 2021 4.The petitioners and the 2nd respondent appeared through video conference from the Office of the Additional Public Prosecutor (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor (Crl.Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 12.01.2021, 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.1258 of 2020 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.1258 of 2020, pending on the file of the 1st respondent police is hereby quashed and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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, Dindigul Taluk Police Station, Dindigul District.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-25049[F] dated 03/08/2021 ) Crl.O.P.(MD)No.3537 of 2021 02.08.2021 CN(09.08.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2