Vallinayagam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2015

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P.(MD) No.21144 of 2015 Vallinayagam ... Petitioner Vs.

1.The State Represented by The Inspector of Police, Kadayanallur Police Station, Tirunelveli District ... 1st Respondent / (Crime No.441 of 2015) Complainant 2.Pandidurai ... 2nd Respondent / Defacto complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the impugned FIR registered in Crime No.441 of 2015, dated 22.09.2015, on the file of the 1st respondent and quash the same.

For Petitioners :

Mr.R.J.K.Karthick For R1 :

Mrs.S.Prabha Govt. Advocate (Crl.Side) ******

O R D E R

This petition has been filed seeking to quash the FIR registered in Crime No.441 of 2015, dated 22.09.2015, on the file of the 1st respondent, pursuant to amicable settlement effected between the parties.

2. It is seen that the case in Crime No.441 of 2015 has been registered for an alleged offence under Section 366 of IPC, against the petitioner / Accused.

3. When the matter is taken up for hearing, the petitioner/Accused and the second respondent/defacto complainant, have appeared in persons and their identifications were also verified by this Court, in addition to the confirmation of the parties by the Government Advocate (Crl.Side) through the respondent Police.

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4. The counsel appearing on either side would submit that a Joint Compromise Memo has been filed stating that, since the parties have

arrived at an amicable settlement by way of compromise among themselves, the second respondent has agreed to withdraw the above case in Crime Nos.441 and 2015, pending on the file of the first respondent.

5. Considering the nature of allegations and also considering the Joint Compromise Memo, this Court is of the opinion that no useful purpose would be served in keeping these matters pending. Therefore, the entire proceedings in Crime Nos.441 of 2015, on the file of the first respondent in respect of the petitioner / accused alone, is hereby quashed.

6. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memos shall form part of this order. Sd/- Assistant Registrar (W) Encl : Joint Memo of Compromise Xerox /True Copy/ Sub Assistant Registrar MPK To 1.

The Inspector of Police, Kadayanallur Police Station, Tirunelveli District 2.

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

+1CC to Mr.R.J.Karthick Advocate Sr.No.65093 GJM/NGM/SS/24.11.2015-2P-4C Crl.O.P.(MD) No.21144 of 2015 05.11.2015 https://hcservices.ecourts.gov.in/hcservices/