Madras High CourtCRL OP(MD)/2938/2021allowed

Devi v. The Inspector Of Police

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

Crl.O.P.(MD)No.2938 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.2938 of 2021 1.Devi 2.P.Johnson ... Petitioners/Accused 1 & 2 Vs.

1.The State rep by the Inspector of Police, Palamedu Police Station, Madurai District.

... 1st Respondent/Complainant 2.Venkateshwaran ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash all the further proceedings in Crime No.20 of 2021 dated 28.01.2021 on the file of the first respondent police. For Petitioners : Mr.N.Karthik Kannan For R-1 : Mr.R.Anandharaj Additional Public Prosecutor For R-2 : Mr.K.Kannan

O R D E R

This petition has been filed seeking to quash the proceedings in Crime No.20 of 2021 dated 28.01.2021 on the file of the first respondent police.

2.The contention of the petitioners and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.20 of 2021 for the offences punishable under Sections 294(b), 323 and 506(i) of Indian Penal Code, against the petitioners. 3.The further contention of the petitioners is that they want to compromise the issue with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

4.The petitioners and the second respondent appeared through video conference before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2938 of 2021 learned Government Advocate (Criminal side) and Mr.Jeyaram, SubInspector of Police, Palamedu Police Station, Madurai District. Both the parties to compromise 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 08.02.2021, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Hence, all further proceedings in Crime No.20 of 2021 pending on the file of the Inspector of Police, Palamedu Police Station, Madurai District, 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.20 of 2021, pending on the file of the Inspector of Police, Palamedu Police Station, Madurai District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) cp ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

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, Palamedu Police Station, Madurai District.

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

Crl.O.P.(MD)No.2938 of 2021 16.04.2021 SGS(CO) TR(29.06.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2