S.Valli v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.11087 of 2017 1.S.Valli 2.M.Sanmugam 3.V.Vijayalakshmi 4.B.Vasikannan ... Petitioners / Accused Nos.1 to 4 -Vs1.The State through The Inspector of Police, Melur Police Station, Melur, Madurai District.

... 1st Respondent/Complainant

2. Gowri ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records connected with the case in Crime No.689 of 2017 pending on the file of the 1st respondent and quash the same.

For Petitioners :Mr.I.Sabeer Mohamed For R-1 :Mr.K.Anbarasan, Government Advocate(Crl.side) For R-2 :Mr.S.Barathiraja ***

O R D E R

This Criminal Original petition has been filed to quash the records in Crime No.689 of 2017 pending on the file of the first respondent. The petitioners are accused Nos. 1 to 4 in Crime No.689 of 2017 pending on the file of the first respondent police. 2.Heard the learned counsel appearing for the petitioner, the learned counsel appearing for the second respondent and the learned Government Advocate (Criminal side) appearing for the first respondent.

3.On the basis of a complaint lodged by the second respondent/de-facto complainant, a case was registered in Crime No.689 of 2017 for the offences punishable under Sections 147, 294 https://hcservices.ecourts.gov.in/hcservices/

(b), 323, 448 and 506(ii) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act against the petitioners. 4.It appears that the petitioners, who are accused Nos.1 to 4 and the second respondent / de-facto complainant have settled their dispute amicably out of Court and entered into a compromise. A Joint Compromise Memo signed by the parties on 09.08.2017, in the presence of their respective counsels is produced before this Court. As per the Joint Compromise memo, it is stated that the parties have agreed to compromise the matter. The de-facto complainant also agreed to withdraw the criminal case and expressed that she has no objection for quashing the criminal complaint.

5.The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint 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.Since the parties have entered into compromise and agreed that the criminal case Crime No.689 of 2017 may be quashed, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, on the basis of the compromise memo signed by the parties, the criminal case in Crime No.689 of 2017, on the file of the first respondent is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

7.Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Inspector of Police, Melur Police Station, Melur, Madurai District.

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

+1cc to Mr.I.SABEER MOHAMED Advocate in SR. No. 74422 IS/CMR JS/KP/SAR.1/11.09.2017/3P-4C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.11087 of 2017 24.08.2017