Chandramouleeswaran, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.14414 of 2017 Chandramouleeswaran ... Petitioner / Accused No.1 -Vs1. State represented by The Inspector of Police, All Women Police Station, Tallakulam, Madurai District.

(In Crime No.22 of 2017) ... 1st Respondent/Complainant 2.Kalaiyarasi ... 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.22 of 2017 pending investigation on the file of the first respondent police and quash the same.

For Petitioner : Mr.E.Balasubramanian For R-1 : Mr.K.S.Durapandian Additional Public Prosecutor For R-2 : Mr.K.Samidurai

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.22 of 2017 pending on the file of the first respondent police and 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 petitioner is accused No.1 in Crime No.22 of 2017. The second respondent lodged a complaint against the petitioner and two others, the same was registered in Cr.No.22 of 2017, on the file of the first respondent police, for the offences punishable under Sections 498(A), 294(b) and 506(i) IPC. https://hcservices.ecourts.gov.in/hcservices/ 4.It appears that after the registration of complaint, the parties have settled their dispute amicably and they have also

entered into a compromise. It is stated that a Mediation Agreement, in the form of an undertaking document was also entered into between the parties. It is further stated that on the advice of elders and relatives, the parties agreed to live separately till May-2019. A Joint Compromise Memo, dated 04.10.2017, signed by both parties, in the presence of their respective counsel, is also filed before this Court. As per the terms of the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has agreed for quashing the First Information Report in Crime No.22 of 2017.

5.The parties appeared before this Court and expressed in unequivocal terms that they have signed the Joint Compromise Memo on their own will and free 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.Having regard to 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 First Information Report inCrime No.22 of 2017, on the file of the first respondent police, namely, the Inspector of Police, All Women Police Station, Tallakulam Madurai 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 (Crl side) /True copy/ Sub Assistant Registrar Encl.: Xerox Copy of Compromise Memo To

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

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

+ 1 CC TO MR.K.Samidurai, ADVOCATE IN SR No. 84048 cmr MK/MR KKR/SAR-2/10.11.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.(MD) No.14414 of 2017 27.10.2017