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Madras High CourtCRL OP(MD)/12493/2017allowed

Selvakumar v. The Inspector Of Police

2017-09-21Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) Nos. 12493 and 12549 of 2017 Crl.O.P.(MD) No. 12493 of 2017 1.Selvakumar 2.Seeni 3.Rakku ... Petitioners/Accused No.1 to 3 -Vs1. The State represented by, The Inspector of Police, Koodalpudur Police Station, Madurai District.

(In Crime No.1119 of 2016) ...1st Respondent/Complainant

2. Selvaraj ... 2nd Respondent/De-facto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in Crime No.1119 of 2016 dated 17.09.2016 on the file of the 1st respondent police and quash the same.

For Petitioner :Mr.S.Sivaprakash For R-1 :Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 :Mr.B.Viswanathan Crl.O.P.(MD) No. 12549 of 2017

1. Muthukumar

2. Tiruvettai

3. Manonmani ... Petitioners/Accused No.1 to 3 -Vs1. The State represented by, The Inspector of Police, All Women Police Station, Tallakulam, Madurai District.

(In Crime No.37 of 2016) ...1st Respondent/Complainant

2. S.Sathiya Priya ... 2nd Respondent/De-facto Complainant

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the record in Crime No.37 of 2016 dated 16.12.2016 on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.B.Viswanathan For R-1 : Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 : Mr.S.Siva Prakash COMMON ORDER The Criminal Original Petition in Crl.O.P(MD) No.12493 of 2017 has been filed to quash the records in Crime No.1119 of 2016 dated 17.09.2016 on the file of the 1st respondent police. 2.The Criminal Original petition in Crl.O.P(MD) No.12549 of 2017 has been filed to quash the record in Crime No.37 of 2016 dated 16.12.2016 on the file of the 1st respondent police. 3.The petitioners in Crl.O.P(MD) No.12493 of 2017 are the accused Nos.1 to 3 in Crime No.1119 of 2016 and similarly the petitioners in Crl.OP(MD) No.12549 of 2017 are the accused Nos.1 to 3 in Crime No.37 of 2016.

4.In Crime No.1119 of 2016, the complaint was registered for the offences punishable under Sections 452, 294(b), 324, 427, 506

(2) and 109 IPC. Similarly, the complaint in Crime No.37 of 2016 was registered for the offences punishable under Sections 498(A), 406, 506(i) IPC.

5.It is the case of case and case in counter. The de-facto complainant, in Crime No.1119 of 2016, is the brother of the first accused in Cr.No.37 of 2016. Similarly, the de-facto complainant in Cr.No.37 of 2017 is the wife of the first accused in the same crime number and the sister of first accused in Cr.No.1119 of 2016.

6.It appears that on the advise of elders and friends, the petitioners and second respondent in both the cases, have settled their dispute, out of Court and they have also entered into a compromise. Joint Compromise Memos, signed by both the parties, in the presence of their respective counsel, are also filed. As per the Joint Compromise Memos, the de-facto complainant, namely, the second respondent, in both cases, have given their consent to quash the entire proceedings in Crime Nos.1119 of 2016 and 37 of 2016, pending before the respective police stations. 7.The parties 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. 8.Having regard to the terms of compromise between the parties, this Court is of the view that no useful or fruitful purpose will be served by keeping these matters pending. Hence the First Information Report in Crime No.1119 of 2016, on the file of the Inspector of Police, Koodalpudur Police Station, Madurai District and in Crime No.37 of 2016, on the file of the The Inspector of Police, All Women Police Station, Tallakulam, Madurai District are quashed in toto. The Joint Compromise Memos signed by the parties shall form part of the order.

9. Accordingly, these Criminal Original petitions are allowed. Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar Encl.: Xerox Copy of Compromise Memo.

To

1. The Inspector of Police, Koodal Police Station, Madurai District.

2. The Inspector of Police, All Women Police Station, Tallakulam, Madurai District.

+ 1 CC TO MR.S.Sivaprakash, ADVOCATE IN SR No.80275 cmr MK/SKN RSK/SAR-2/12.10.2017/3P/4C Crl.O.P.(MD) Nos. 12493 and 12549 of 2017 21.09.2017