Madras High CourtCRL OP(MD)/2478/2021allowed

Surendirababu v. The Inspector Of Police

2021-04-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No. 2478 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No. 2478 of 2021 Surendirababu ... Petitioner/Sole accused Vs.

1.The Inspector of Police, Perumalpuram Police Station, Tirunelveli.

... 1st Respondent/Complainant 2.Angalaswari ... 2nd Respondent/Defacto Complainant 3.Dhanalakshmi ... 3rd Respondent/Victim 3rd party Prayer:Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to C.C.No.514 of 2020 on the file of the Judicial Magistrate No.1, Tirunelveli and quash the same.

For Petitioner : Mr.A.Balakrishanan For R1 : Mr.M.V.Chandra Sekar Government Advocate (Crl.Side) For R2 & R3 : M/s.V.Karthigaipriya

ORDER

This petition has been filed seeking to quash the C.C.No.514 of 2020 on the file of the Judicial Magistrate No.1, Tirunelveli. 2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.301 of 2019 for the offences punishable under Sections 326 and 506 (ii) of Indian Penal Code r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002.

3.The further contention of the petitioner is that he wants to compromise the issue between him and the respondents 2 & 3 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the respondents 2 & 3 and also by their respective counsels.

4.The petitioner and the respondents 2 & 3 appeared in person along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Government Advocate (Criminal side) and Mr.G.Selvakumar, Special Sub-Inspector of Police, Perumal Puram Police Station, Tirunelveli District. Both the parties to compromise were enquired by me and they accepted the terms of compromise. Hence the Compromise Memo is https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No. 2478 of 2021 recorded.

5. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 12.02.2021, this Court is of the opinion that no useful purpose would be served by keeping the matter pending.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in C.C.No.514 of 2020 on the file of the Judicial Magistrate No.1, Tirunelveli, is hereby quashed in respect of the petitioner/sole accused and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (AD II) // True Copy // (*)Amended asper order dated.18.08.2021 Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

dss To (*)To be Substituted Order already despatched dated:11/06/2021 (*)1.The Judicial Magistrate No1, Tirunelveli.

2.The Inspector of Police, Perumalpuram Police Station, Tirunelveli.

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

+1 CC to M/s.A.BALA KRISHNAN, Advocate(SR-16150[F]dated 17/04/2021 ) Crl.O.P.(MD)No. 2478 of 2021 16.04.2021 GS (9.06.2021) 2P 4C RD(26.08.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2