Rajagopalakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.6769 of 2015 1.Rajagopalakrishnan 2.Chockkalingam 3.Pushpam ... Petitioners/A1 to A3 Vs.

1.State rep. by the Inspector of Police, All Women Police Station, Paramakudi,Ramanathapuram District.

..1st Respondent/Complainant 2.M.Babyshalini ... Respondent No. 2/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records in FIR in Crime No. 13 of 2014 on the file of the first respondent and quash the same and pass such further orders or other suitable orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioners : Mr.D.Senthil For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.side) For R2 : Mr.V.Selva

O R D E R

Based upon the complaint of the second respondent, the case Crime No. 13 of 2014 for the alleged offences under Sections 417, 376, 506(i) IPC r/w 109 IPC has been registered.The petitioners are arrayed as accused 1 to 3.

2.Heard the learned counsel for the petitioners, learned counsel for the second respondent and the learned Government Advocate (Crl.side) appearing for the State. This Court has also perused the materials available on record.

3.A joint compromise memo has been filed by the parties duly signed by the parties as well as the respective counsels. In paragraph No.2 of the compromise memo it has been stated as follows: 'The first petitioner and the second respondent further submits that the marriage between them was solemnized on 22.03.2015 at the second respondent's house in the presence of the relatives and friends and now both are living in the petitioner's house. Under these circumstances, further proceedings in the FIR is not necessary'

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4.The parties namely the first accused and the second respondent are present before this Court. It is stated that they have happily married each other.

5. Considering the above, this Court is of the view that though the offence is not compoundable, in the interest of justice with respect to the petitioners and the second respondent, it would be appropriate to quash the proceedings. Accordingly, the FIR in Crime No. 13 of 2014 on the file of the first respondent is quashed. The compromise memo shall form part of record. This petition is ordered. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar ses To 1.The Inspector of Police,All Women Police Station, Paramakudi,Ramanathapuram District.

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

+1cc to MR.D.SENTHIL, ADVOCATE IN SR NO. 18638 CRL.O.P.No.6769 of 2015 15.04.2015 rg.22.04.2015 2p/4c.

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