Madras High CourtCRL OP(MD)/17812/2014allowed

S.Shanmugavel Thevar v. The Inspector Of Police

2015-04-29Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2015

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH CRL.O.P(MD)No.17812 of 2014 and M.P(MD)Nos.1 and 2 of 2014 1.S.Shanmugavel Thevar 2.Chellammal 3.Seethalakshmi 4.Ganesan ... Petitioners/Accused 2, 3 to 5 Vs.

1.The State, Rep. By the Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

(Crime No.10 of 2014) ... 1st Respondent/Complainant 2.Arulselvi ... 2nd Respondent/Defacto complainant Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, 1908 praying to call for records pertaining to the FIR in Crime No.10 of 2014 on the file of the first respondent Police and quash the same as illegal.

For Petitioners : Mr.A.Velan For R - 1 : Mrs.S.Prabha Government Advocate (Crl. Side) For R - 2 : Mr.Murugaiah

ORDER

This Criminal Original Petition has been filed praying to call for records pertaining to the FIR in Crime No.10 of 2014 on the file of the first respondent Police and quash the same.

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

3. The petitioners are arrayed as accused Nos.2, 3 to 5 in Crime No.10 of 2014 for the alleged offences under Sections 498(A) and 406 of the Indian Penal Code and also under Sections 4 of Dowry Prohibition Act and 4 of Tamil Nadu Prevention of Women Harassment Act.

4. When the matter is taken up for hearing, both the counsels submitted that before the Mediation and Conciliation Centre in Mediation Case No.789 of 2014, the matter has been compromised. The settlement https://hcservices.ecourts.gov.in/hcservices/

agreement has been signed on 05.12.2014 and the parties are also present before this Court.

5. In view of the same, this Court is of the view that no useful purpose will be served by proceeding further in this matter.

6. Accordingly, this Criminal Original Petition is allowed and the proceedings in Crime No.10 of 2014 on the file of the first respondent Police is quashed. However, as the terms of the compromise are not satisfied qua the respondent No.2, it is open to her to file a petition to review the order. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To 1.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

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

+1cc to M/S.AJMAL ASSOCIATES, ADVOCATE IN SR : 24502 Ps SR/KBM : 14.05.2015 : 2p/4c CRL.O.P(MD)No.17812 of 2014 29.04.2015 https://hcservices.ecourts.gov.in/hcservices/