S.Ansari, 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. 15733 of 2017 1.S.Ansari 2.A.Sulaiha ... Petitioners -Vs1. The State through The Inspector of Police, Melapalayam Police Station, Tirunelveli.
2. Myeddn Path ... Respondents Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the entire records connected with the case in Cr.No.573 of 2017 pending on the file of the 1st respondent and quash the same as illegal. For Petitioners : Mr.T.Ramar For R1 : Mr.K.S.Durai Pandian Additional Public Prosecutor For R2 : Mr.N.Senthilnathan
ORDER
The Criminal Original Petition has been filed to call for the records connected with the case in Cr.No.573 of 2017 pending on the file of the first respondent and to quash the same. 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 and 2 in Cr.No.573 of 2017. Based on the complaint lodged by the second respondent, a case was registered in Crime No.573 of 2017, for the offences punishable under Sections 294(b), 323 and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 by the first respondent.
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, dated 13.11.2017, 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 agreed to compromise the matter and expressed no objection for quashing the criminal complaint in Cr.No.573 of 2017 on the file of the first respondent / The Inspector of Police, Melapalayam Police Station, Tirunelveli. 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 complaint in Cr.No.573 of 2017, on the file of the first respondent / The Inspector of Police, Melapalayam Police Station, Tirunelveli, 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 (RTI) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To
1. The Inspector of Police, Melapalayam Police Station, Tirunelveli.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
MM TE/MR-KKR/SAR-2 : 06/12/2017 : 2P/3C Crl.O.P.(MD) No. 15733 of 2017 20.11.2017 https://hcservices.ecourts.gov.in/hcservices/