Sakthivinayagan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.10523 of 2017 Sakthivinayagan : Petitioner/Sole Accused Vs.

1. The Inspector of Police, Edayakottai Police Station, Dindigul District.

: 1st Respondent/Complainant

2. Packiyam : 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the Crime No.166 of 2016 on the file of the Inspector of Police, Edayakottai Police Station, Dindigul District and quash the same. For Petitioner : Mr.J.Lawrance For R1 : Mr.K.Anbarasan, Government Advocate(Crl.Side).

For R2 : Mr.B.Arun.

O R D E R

This Criminal Original Petition is filed to call for the records pertaining to the Crime No.166 of 2016 on the file of the Inspector of Police, Edayakottai Police Station, Dindigul District and quash the same.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate(Criminal side) appearing for the 1st respondents and the learned counsel appearing for the 2nd respondent.

3. On the basis of the complaint given by the 2nd respondent, a case was registered in Crime No.166 of 2016 on the file of the first respondent as against the petitioner for the offences under Sections 294(b), 323, 506(i) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

4. It appears that the parties, after registration of the case, have amicably settled their dispute and entered into a compromise. The joint compromise memo dated 28.08.2017, signed by the petitioner and the defacto complainant, in the presence of their respective counsels is produced before this Court. As per https://hcservices.ecourts.gov.in/hcservices/

the joint Compromise memo, the defacto complainant has agreed for quashing the Criminal case.

5. The parties viz., the petitioner and the second respondent / de facto complainant appeared before this Court and expressed in unequivocal terms that they have compromised the issue and signed the Compromise Memo on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate(Criminal side) through the first respondent police.

6. Having regard to the specific terms of compromise, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, the Criminal Original petition is allowed and the proceedings in Crime No.166 of 2016 on the file of the first respondent is quashed in toto, on the basis of the compromise memo signed by the parties concerned before this Court. The Joint Compromise Memo signed by the parties shall form part of the order. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To The Inspector of Police, Edayakottai Police Station, Dindigul District.

+ 1 CC TO MR.J.Lawrance, ADVOCATE IN SR No.75179 trp MK/MR KKR/SAR-2/2P/3C/21.09.2017 CRL OP(MD)No.10523 of 2017 and CRL MP(MD)No.7205 of 2017 29.08.2017 https://hcservices.ecourts.gov.in/hcservices/