Gnanasagaya Sandhya v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR CRL.O.P.(MD)No.5424 of 2018 1.Gnanasagaya Sandhya 2.Kishore Kannan : Petitioners / Accused Nos.1 and 2 -Vs1. State, represented by The Sub Inspector of Police, Fort, All Women Police Station, Trichirappalli City.
(Crime No.16 of 2017) : 1st Respondent/ Complainant
2. M.Jerin Infant Raj : 2nd Respondent / De facto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the case in Crime No.16 of 2017 on the file of the first respondent Police and quash the same.
For Petitioners : Mr.B.Jameel Arasu For R1 : Mr.Prabhu Ramachandran Government Advocate(Crl. Side) For R2 : Mr.S.Vinayak **********
O R D E R
On the complaint lodged by one M.Jerin Infant Raj, the first respondent police has registered a case in Cr.No.16 of 2017 before the Inspector of Police, Fort, All Women Police Station, Tirchirappalli City under Sections 420, 406, 506 (i) of I.P.C. against the petitioners herein, for quashing which, the petitioners and the de facto complainant are before this Court on the ground that they have arrived at a compromise.
2. Today, when the matter was taken up for hearing, Mrs.R.Dhanalakshmi, Head Constable-978, Fort, All Women Police Station, Tirchirappalli City is present. The de facto complainant and the petitioners are present and their identifications were also verified by this Court, in addition to the confirmation of
the identity of the parties by the learned Government Advocate (Criminal side) through the Mrs.R.Dhanalakshmi, Head Constable978, Fort, All Women Police Station, Tirchirappalli City.
3. The petitioners and the second respondent have filed a joint compromise memo dated 20.02.2018, wherein, it is stated as follows:
"It is submitted that the petitioners above named is the accused in Criminal case registered by the first respondent herein in Crime No.16 of 2017 and hence filed a quash petition in the above criminal original petition to quash the above First Information Report in Crime No.16 of 2017 for an alleged offence under Section 420, 406, 506 (i) if I.P.C on the file of the first respondent Police.
2.It is further submitted that as against the activities did by the petitioners herein, the second respondent lodged a complaint before the first respondent Police and its on pending investigation. But now both parties agreed to consented for amicable settlement. Therefore, the de facto complainant / second respondent is agreed and extending his full consent for quashment of proceeding in connection with pending FIR in crime No.16 of 2017 on the file of the first respondent Police. Accordingly both parties have compromised themselves. It is pertinent out mention that both parties are not interested to proceed with further the case against with each other. Further a settlement was also arrived between the parties on the very subject matter. Hence it is just and necessary to file this compromise memo before this Hon'ble Court and record the same and dispose of the above Criminal Original petition.
It is therefore prayed that this Hon'b;e Court may be pleased to record the above compromise arrived between the petitioner and the de facto complainant amicably and pray this Hon'ble Court to quash the FIR in Crime No.16 of 2017 on the file of the first respondent Police and allow the Criminal Original Petition."
4. In view of the above, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, this petition is allowed and the entire proceedings in Cr.No.16 of 2017, before the Inspector of Police, Fort, All Women Police Station, Tirchirappalli City in respect of the petitioners/accused Nos.1 and 2 is quashed. The joint compromise memo dated 20.02.2018 shall form part of this order.
5. At the instance of the learned counsel for the petitioners, the petitioners themselves voluntarily came forward to contribute some amount to the Mediation and Conciliation Centre attached to this Bench.
6. Accepting the submission, the petitioners are directed to pay a sum of Rs.1,000/- (Rupees One Thousand only), each to the Mediation and Conciliation Centre attached to this Bench, under the head of Infrastructure funds, within a period of two weeks from the date of receipt of a copy of this order. After making payment, a copy of the challan shall be furnished to the Registrar (Administration), Madurai Bench of Madras High Court, Madurai. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar Encl: Xerox copy of joint Compromise Memo To
1. The Sub Inspector of Police, Fort, All Women Police Station, Trichirappalli City.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Copy to:
The Registrar (Administration), Madurai Bench of Madras High Court, Madurai-23. + 1 cc TO Mr.B.Jameel Arasu , Advocate in SR No. 63043 tsg AE/MMS/SAR3/28.05.2018/3P/5C Order made in CRL.O.P.(MD) No.5424 of 2018 Dated: 23.04.2018