Rex Joseph, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2017
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No. 15708 of 2017 1.Rex Joseph 2.Lucy Pilomina 3.Anitha Rosary
...Petitioners/Accused 1 to 3
-Vs1.The State Represented by The Inspector of Police, All Women Police Station, Dindigul Town, Dindigul District.
Crime No.25 of 2015 2.Mary Josphin ... Respondents/Complainants Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to quash the charge sheet in so far as the petitioners are concerned in C.C.No.448 of 2015 pending on the file of the learned Judicial Magistrate No.2, Dindigul, Dindigul District.
For Petitioners :Mr.D.Selvaraj For R1 :Mr.K.S.Durai Pandian Additional Public Prosecutor For R2 :Mr.M.Arumugam ***
ORDER
The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.448 of 2015 pending on the file of the learned Judicial Magistrate No.2, Dindigul, Dindigul District. 2.Heard the learned counsel appearing for the petitioners, 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 3 in Cr.No.25 of 2015. Based on the complaint lodged by the second respondent herein, a case was registered, by the respondent police for the offences punishable under Sections 498(A) IPC and Section 4 of Dowry Prohibition Act. After filing the charge sheet, the case was taken on file in C.C.No.448 of 2015 before the learned Judicial Magistrate No.2, Dindigul, Dindigul District. https://hcservices.ecourts.gov.in/hcservices/ 4.It appears that the petitioners and the second respondent, namely, the de-facto complainant have settled their dispute
amicably out of Court and they have also entered into a compromise, on the advise of elders and their relatives. A Joint Compromise Memo, signed by both parties, in the presence of their respective counsel, is also produced before this Court. As per the Joint Compromise Memo, the de-facto complainant, namely, the second respondent, has no objection for quashing the entire proceedings in C.C.No.448 of 2015 on the file of the learned Judicial Magistrate No.2, Dindigul, Dindigul District. 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 purpose will be served by keeping this matter pending. Hence the criminal proceedings in C.C.No.448 of 2015, on the file of the learned Judicial Magistrate No.2, Dindigul, Dindigul 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-III) /True copy/ Sub Assistant Registrar Encl:Xerox Copy of Joint Compromise Memo.
To 1.The Judicial Magistrate Court, Dindigul, Dindigul District.
2.The Chief Judicial Magistrate,Dindigul.
3.The Inspector of Police, All Women Police Station, Dindigul Town,Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.D.SELVARAJ,Advocate,SR. 88094 Crl.O.P.(MD) No. 15708 of 2017 20.11.2017 MM KK/SV MMS/SAR 3/05.12.2017/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/