Karuppaiah @ Sekar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.12067 of 2017 1.Karuppaiah @ Sekar 2.Arumugam 3.Indira 4.Pandi 5.Pandi Meenal ... Petitioners/ Accused Nos. 1 to 5 Vs.

1. The Sub Inspector of Police, All Women Police Station, Devakottai, Sivagangai District.

(Crime No.23 of 2015) ... 1st Respondent/Complainant

2. Vasanthi ... 2nd Respondent/De-facto Complainant PRAYER: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to accept this Memo and to quash the final report pending on the file of the learned Judicial Magistrate, Devakottai in C.C.No.19 of 2016.

For Petitioners : Mr.M.Asai Thambi For 1st Respondent : Mr.K.Anbarasan Government Advocate(Crl.Side) For 2nd Respondent : Mr.A.Balaji

O R D E R

This Criminal Original petition is filed for quashing the criminal case in C.C.No.19 of 2016 pending on the file of the learned Judicial Magistrate, Devakottai.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Criminal side) appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The petitioners are the accused Nos. 1 to 5 in C.C.No.19 of 2016 on the file of the learned Judicial Magistrate, Devakottai.

4. It appears that the second respondent/de-facto complainant lodged a complaint before the first respondent and a case was registered in Crime No.23 of 2015, for the offences under Sections 498 (A), 406 I.P.C., and Section 4 of TNPWH Act. After filing Charge Sheet, the same was taken on file in C.C.No.19 of 2016 by the learned Judicial Magistrate, Devakottai.

5. It appears that the parties, namely, the petitioners and the second respondent have settled their dispute amicably out of Court, on the advise of the family members and neighbours. The parties also have entered into a compromise. The Joint Compromise Memo, dated 31.08.2017, signed by the petitioners and the de-facto complainant in the presence of their respective counsels is produced before this Court. As per the Joint Compromise memo, the defacto complainant has agreed to withdraw the criminal case and to quash the final report in C.C.No.19 of 2016 on the file of the learned Judicial Magistrate, Devakottai.

6. Today the parties, namely, the petitioners and the second respondent appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Government Advocate(Criminal side) through the first respondent police.

7. Having regard to the specific terms of the Joint Compromise Memo, this Court is of the view that no useful or fruitful purpose will be served by keeping this matter pending. Hence, on the basis of the Joint Compromise Memo signed by the parties, the Criminal Original petition is allowed and the Charge Sheet in C.C.No.19 of 2016, on the file of the learned Judicial Magistrate, Devakottai, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo

To

1. The Judicial Magistrate, Devakottai.

2. -do- through The Chief Judicial Magistrate, Sivagangai District.

3. The Sub- Inspector of Police, All Women Police Station, Devakottai, Sivagangai District.

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

+ 1 CC TO Mr.M.ASAITHAMBI, ADVOCATE IN SR No. 78494 PMU TE/KK/SAR-II : 27/09/2017 : 3P/6C CRL OP(MD)No.12067 of 2017 13.09.2017