K.Chelladurai 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.5438 of 2018 1.K.Chelladurai 2.S.Saroja 3.Vasuki : Petitioners / Accused Nos.1 to 3 -Vs1. The Inspector of Police, Swayerpuram Police Station, Thoothukudi District.
(Crime No.16 of 2010) : 1st Respondent/ Complainant 2.Valliammal : 2nd Respondent / De facto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to C.C.No.61 of 2011 on the file of the Judicial Magistrate No.I, Thoothukudi and quash the same by accepting the joint compromise memo dated 27.03.2018.
For Petitioners : Mr.V.Angusamy For Respondent No.1 : MR.PRABHU RAMACHANDRAN, Government Advocate (Crl.side) For Respondent No.2 : Mr.I.Vel Pradeep
O R D E R
On the complaint lodged by one Valliammal, the first respondent police has registered a case in Cr.No.16 of 2010 and the investigation has been completed and charge sheet has been filed in C.C.No.61 of 2011 before the Judicial Magistrate No.I, Thoothukudi under Sections 323 of I.P.C. and Section 4 of Tamil Nadu Prohibition of Women Harassment Act, 2002 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, Mr.R.Sankar, the Special Sub Inspector of Police, Swayerpuram Police Station, Thoothukudi District, 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 Sub Inspector of
Police, Swayerpuram Police Station, Thoothukudi District.
3. The petitioners and the second respondent have filed a joint compromise memo dated 27.03.2018, wherein, it is stated as follows:
"1.It is submitted that at the instance of the second respondent the First Information Report was registered against the petitioners herein in Crime No.16 of 2010 on 19.02.2010 for alleged commission of offences under Sections 323 of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. 2002 by the first respondent Police.
2.It is submitted that now the first respondent filed a final report on the file of the learned Judicial Magistrate No.I, Thoothukudi and the trial is pending in C.C.No.61 of 2011 for the offences under Sections 323 of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, by the first respondent Police.
3.The petitioners submit that the second respondent / de facto complainant and the petitioners / accused persons are relatives and the criminality alleged is forming based on a land dispute between them. Due to misunderstanding there was a fist fight between them n 19.0.2010.
4.Now on the advice of the elders, both the petitioners and the de facto complainant have compromised in view of the peaceful future. The de facto complainant is not willing to prosecute the petitioners further. Hence they jointly execute this joint compromise memo in black and white.
5.On the aforesaid facts and circumstances the petitioners have come forward before this Hon'ble Madurai Bench of Madras High Court by Criminal Original Petition under Section 482 of Cr.P.C praying to quash the trial is pending in C.C.No.61 of 2011 pending on the file of the Judicial Magistrate No.I, Thoothukudi. 6.The second respondent has no objection to quash the final report in C.C.No.61 of 2011 on the file of the Judicial Magistrate No.I, Tirunelveli.
It is therefore prayed that this Hon'ble Court may be pleased to accept this Joint Compromise memo and quash the trial pending in C.C.No.61 of 2011 pending on the file of the Judicial Magistrate No.I, Thoothukudi and thus render justice."
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 C.C.No.61 of 2011, on the file of the Judicial Magistrate No.I,
Thoothukudi in respect of the petitioners/accused Nos.1 to 3, is quashed. The joint compromise memo dated 27.03.2018 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.2,000/- (Rupees Two 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 To Encl: The Joint Compromise Memo Xerox Copy herewith enclosed
1. The Judicial Magistrate No.I, Thoothukudi
2. The Inspector of Police, Swayerpuram Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to :
The Registrar (Administration), Madurai Bench of Madras High Court, Madurai.
+1 cc to MR.V.ANGUSAMY, Advocate SR.NO.63192 Order made in CRL.O.P.(MD) No.5438 of 2018 Dated: 23.04.2018 SMA/SKN-RSK/SAR-4/29.05.2018:3P/6C