M. Muthupandi v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.14526 of 2017 1.M.Muthupandi 2.M.Gowri
...Petitioners/Accused No.1 and 2
-Vs1.State by Sub Inspector of Police, Silaiman Police Station, Madurai.
(Cr.No.544 of 2016) 2.N.Ganesa Pandian ... Respondents/Complainant & Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.144 of 2017 on the file of the Judicial Magistrate Additional Mahila Court, Madurai and to quash the same.
For Petitioners :Mr.P.Balamurugan For R1 :Mr.K.S.Durai Pandian Additional Public Prosecutor For R2 :Mr.J.Davidganesan ***
ORDER
This Criminal Original Petition has been filed to call for the records in C.C.No.144 of 2017 on the file of the Judicial Magistrate Additional Mahila Court, Madurai and to 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 and 2 in Cr.No.544 of 2016. Based on the complaint lodged by the second respondent as against the petitioners, a case was registered in Cr.No.544 of 2016 for the alleged offences under Sections 294(b), 323, 324, 506(ii) IPC., and Section 4 of Tamilnadu Prohibition of Woman Harassment Act. After filing the charge sheet, the case was taken on file by the Judicial Magistrate Additional Mahila Court, Madurai, in C.C.No.144 of 2017. https://hcservices.ecourts.gov.in/hcservices/
4.It appears that the parties namely, the petitioners and the second respondent have settled their dispute amicably out of Court and they have also entered into a compromise, on the advice of well wishers and relatives. A Joint Compromise Memo, dated 20.10.2017, signed by both parties, in the presence of their respective counsels, is also produced before this Court. As per the terms of the Joint Compromise Memo, the de-facto complainant, namely, the second respondent has no objection for quashing the criminal proceedings in C.C.No.144 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 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.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 criminal proceedings in C.C.No.144 of 2017, on the file of the Judicial Magistrate Additional Mahila Court, Madurai, 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(P & A) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate Additional Mahila Court, Madurai.
2.-do-Thro' The Chief Judicial Magistrate, Madurai.
3.The Sub Inspector of Police, Silaiman Police Station, Madurai.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to M/s.P.BALAMURUGAN Advocate in SR. No. 85567 MM JS/GT/SAR.1/15.11.2017/2P-6C Crl.O.P.(MD) No.14526 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 06.11.2017