T.Saravanan v. The Inspector Of Police

Crl.OP(MD)No.3464 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.3464 of 2021 T.Saravanan ... petitioner/Sole Accused vs.

1.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District, Madurai.

(Crime No.53 of 2021) ... Respondent/ Complainant 2.Sowmya ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the impugned First Information Report in Crime No.53 of 2021 on the file of the first respondent, dated 22.02.2021 and quash the same as illegal.

For Petitioner : Mr.T.Lajapathi Roy For R1 : Mr.K.Sanjai Gandhi, Government Advocate(Criminal Side) For R2 : Mr.G.Karthik

O R D E R

This petition has been filed to quash the Crime No.53 of 2021 on the file of the Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District, Madurai.

2.The contention of the petitioner 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.53 of 2021 for the offences punishable under Sections 294(b), 323, 427, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of harassment of Women Act, 2002 against the petitioner.

3.The further contention of the petitioner is that he compromised the issue with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the second respondent and also by their respective counsels.

4.The petitioner and the second respondent appeared in person before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.P.Arulpandi, Special Sub-Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.3464 of 2021 Madurai. Both the parties 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 petitioner and also in view of the joint compromise memo, dated 02.03.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.53 of 2021 pending on the file of the Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District, Madurai, 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.53 of 2021, pending on the file of the the Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District, Madurai, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ebsi/dss 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.

ENCL:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai District, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.T.LAJAPATHI ROY, Advocate (SR-26261[F] dated 13/08/2021) Crl.OP(MD)No.3464 of 2021 12.08.2021 KG(CO)GC(21.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2