Vinoth@S.Anandraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2015

CORAM

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.(MD)Nos.8429 , 14977 and 14735 of 2015 In Crl.O.P.(MD)No.8429 of 2015:

1.Vinoth @ S.Anandraj 2.P.Shanmuganathan 3.P.Pushpa 4.S.Vignesh ... Petitioners/A1 to A4 Vs.

1.The Inspector of Police, All Women Police Station, Kollachel, Kanniyakumari District.

... 1st Respondent/Complainant 2.D.Sonia ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the Crime No.4 of 2015 on the file of the first respondent police and quash the same as illegal and pass such further or other orders as such this Court may deem fit and proper in the circumstances of the case. In Crl.O.P.(MD)No.14735 of 2015:

1.Vinoth @ S.Anandraj 2.P.Shanmuganathan 3.P.Pushpa 4.S.Vignesh ... Petitioners/A1 to A4 Vs.

D.Sonia

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the case in D.V.O.P.No.3 of 2015 on the file of the learned Judicial Magistrate, Eraniel and quash the same as illegal and pass such further or other orders as such this Court may deem fit and proper in the circumstances of the case.

In Crl.O.P.(MD)No.14977 of 2015:

Vinoth @ S.Anandraj ... Petitioner/Accused Vs.

D.Sonia ..Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the case in M.C.No.7 of 2014 on the file of the learned Judicial Magistrate, Eraniel and quash the same as illegal and pass such further or other orders as

such this Court may deem fit and proper in the circumstances of the case. For Petitioners : Mr.J.Jeyakumaran In three petitions For R1 : Mr.A.P.Balasubramani In Crl.O.P.No.8429/15 Govt. Advocate (Crl.side) For R2 in Crl.O.P.No.8429/15 and Sole Respondent in Crl.O.P.Nos.14735 &14977/15 : Mr.S.Senthil Sankaranathakumar C O M M O N O R D E R The Criminal Original petitions have been filed under Section 482 of Cr.P.C seeking to quash the First Information Report pertaining to the case in Crime No.4 of 2015 on the file of the first respondent police, D.V.O.P.No.3 of 2015 and M.C.No.7 of 2014 on the file of the Judicial Magistrate,Eraniel.

2. Heard the learned counsel for the parties in all the three petitions and the learned Government Advocate (Crl.side) appearing for the State.

3. Both parties are present before this Court. They are identified by their Adhar Identity Card and Voter Identity Card and their respective counsels have also identified the parties. Both the counsel submitted that compromise memo dated 20.07.2015 has been filed duly signed by the counsels as well as by the parties. This Court has perused the compromise memo.

4. The defacto complainant namely, D.Sonia, has fairly conceded that she has consented for the terms of the compromise memo and she has agreed to quash the proceedings in D.V.O.P.No.3 of 2015 and M.C.No.7 of 2014 on the file of the Judicial Magistrate, Eraniel and FIR in Crime No. 4 of 2015 on the file of the first respondent police. 5.Considering the submissions made and after going through the relevant documents including the offences alleged against the petitioners, this Court is inclined to quash the proceedings as no useful purpose would be served by keeping the same. Accordingly, proceedings in D.V.O.P.No.3 of 2015 and M.C.No.7 of 2014 on the file of the Judicial Magistrate, Eraniel and FIR in Crime No. 4 of 2015 on the file of the first respondent police are quashed. The compromise memos shall form part of record. The petitions are ordered accordingly. Consequently, connected M.P is closed.

ses Sd/- Assistant Registrar(Per.Admn) /True Copy/ Sub Assistant Registrar

To 1.The Inspector of Police,All Women Police Station,Kollachel, Kanniyakumari District.

2.The Judicial Magistrate, Eraniel.

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

4CC to M/s.J. Jeyakumaran,Advocate, SR.No.44198. CRL.O.P.Nos. 8429, 14977 and 14735 of 2015 and M.P.(MD) No. 1 of 2015 3P/8C AM/17.08.2015.