Murugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:14.11.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.15149 of 2017 Murugan ... Petitioner -Vs1.State of Tamil Nadu rep. by the Inspector of Police, Suchindrum Police Station, Kanyakumari District.

(Crime No.98 of 2014) 2.Velvizhi ... respondents Prayer: Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the FIR in in Crime No.98 of 2014 on the file of the first respondent. For Petitioner :

Mr.R.Manimaran For R-1 :

Mr.A.Ramar Additional Public Prosecutor For R-2 : Mr.M.Selvakumar

O R D E R

This Criminal Original petition is filed to call for the records and quash the FIR in in Crime No.98 of 2014 on the file of the first respondent.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent no. 1 and the learned counsel appearing for the second respondent.

3. The petitioner is the sole accused in Crime No.98 of 2014. On the basis of the complaint preferred by the second respondent / de facto complainant, a case was registered by the first respondent police in Crime No.98 of 2014 for the offence under Section 366A of IPC.

4. It is stated that the petitioner and the daughter of the second respondent had married and their marriage also solemnized on 30.04.2014. It is further reiterated that they have two children https://hcservices.ecourts.gov.in/hcservices/

and they are living as husband and wife peacefully.

5. It appears that parties have also settled their dispute amicably out of Court, at the instigation of the elders and well wishers and they have also entered into a compromise. A joint compromise memo dated 30.10.2017 signed by the parties concerned in the presence of their respective counsels is produced before this Court. As per the joint Compromise Memo, the de facto complainant has agreed to withdraw the criminal case and the petitioner and the second respondent have requested this Court to quash the proceedings in Crime No. 98 of 2014 on the file of the first respondent Police.

6. The parties viz., petitioner and the second respondent have appeared before this Court and expressed in unequivocal terms that the Joint Compromise Memo was signed by them on their own will and volition. The identities 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.

7. In the said circumstances, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, on the basis of the compromise memo signed by the parties, the Criminal Original petition is allowed and the proceedings pending in Crime No.98 of 2014 on the file of the first respondent Police is quashed in toto. The Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To

1. The Inspector of Police, Suchindrum Police Station, Kanyakumari District.

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

TRP TE/JC/SAR-2 : 29/11/2017 : 2P/3C Crl.O.P.(MD) No.15149 of 2017 14.11.2017 https://hcservices.ecourts.gov.in/hcservices/