P.Sathishkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.3221 of 2023 1.Sathishkumar 2.Rubadevi 3.Dhamayanthi : Petitioners/A1 to A3 Vs.

1.The State rep. by Inspector of Police, Oomachikulam Police Station, Madurai.

(Crime No.91 of 2019) : R1/Complainant 2.Sutha : R2/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in Crime No.91 of 2019 on the file of the 1st respondent and quash the same and pass such other orders.

For Petitioners : Mr.S.Balaji For R1 : Mr.R.Suresh Kumar Government Advocate (Criminal side) For R2 : Mr.N.Mariappan 1/5

O RDER This petition has been filed seeking to quash the FIR in Crime No.91 of 2019 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.91 of 2019 for the offences punishable under Sections 109, 294(b), 323, 406, 498(a), 506(ii) IPC and section 4 of the Dowry Prohibition Act and Section 4 of TNPHW Act, 2002 as against the petitioners.

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. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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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, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash FIR in Crime No.91 of 2019 pending on the file of the 1st respondent police, in respect of the petitioners.

6.In the result, the Criminal Original Petition stands allowed and the FIR in Crime No.91 of 2019 pending on the file of the 1st respondent, is hereby quashed. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. 26.04.2023 Index : Yes/No Internet : Yes/No er 3/5

To 1.The Inspector of Police, Oomachikulam Police Station, Madurai.

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

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G.ILANGOVAN. J.

er 26.04.2023 5/5