Thangapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.14233 of 2017 1.Thangapandian 2.Santhanam 3.Gomathi 4.Pandiammal ... Petitioners / Accused No.1 to 4 -Vs1.The State represented by The Inspector of Police, All Women Police Station, Virudhunagar.

(in Crime No.3 of 2017) ...1st Respondent / Complainant 2.Selvarani ...2nd Respondent / De-facto complainant PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in Cr.No.3 of 2017 on the file of the All Women Police Station, Virudhunagar District and consequently accept the compromise arrived at between both the Accused and the de-facto complainant to compound the case quash the same.

For Petitioners : Mr.N.Mohideen Basha For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 : Mr.P.Chandrasekar

O R D E R

This Criminal Original Petition has been filed to call for the records in Cr.No.3 of 2017 on the file of the All Women Police Station, Virudhunagar District and consequently accept the compromise arrived at between both the Accused and the de-facto complainant to compound the case quash the same. 2.Heard the learned Counsel appearing for the petitioners, the learned Additional Public Prosecutor appearing for the first respondent and the learned Counsel appearing for the second respondent.

3.The petitioners are accused No.1 to 4 in Crime.No.3 of 2017. Based on the complaint lodged by the second respondent, as against the petitioners, a case was registered in Crime.No.3 of 2017 for the alleged offences under Sections 498A & 506(i) IPC and Section 4 of Dowry Prohibition Act 1961 and Section 4 of Tamilnadu Prohibition of Harassment of Woman Act 2002. After filing the First Information Report, the case was taken on file by the All Women Police Station, Virudhunagar District, in Crime No.3 of 2017. 4.It appears that the parties have settled their dispute amicably, at the intervention of elders and well wishers and they have also entered into a compromise. A Joint Compromise Memo, dated 10.10.2017, signed by both parties, in the presence of their respective counsel, is also produced before this Court.

As per the Joint Compromise Memo, the parties have stated that they have agreed to compromise the issue and not to pursue the criminal complaint further and the de-facto complainant, namely, the second respondent has expressed his willingness for quashing the criminal proceedings in Crime No.3 of 2017.

5.Today, 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 Additional Public Prosecutor through the first respondent police.

6.As per 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 the criminal proceedings in Crime No.3 of 2017, on the file of the All Women Police Station, Virudhunagar District, is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order. 7.Accordingly, the Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To Enclosure : Joint Compromise Memo (Xerox Copy) 1.The Inspector of Police, All Women Police Station, Virudhunagar District.

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

+1cc to M/S.N.Mohideen Basha, Advocate SR.No. 85910 Crl.O.P.(MD) No.14233 of 2017 cmr JM/MR KKR/SAR 1/23.11.2017/3P/4C