Nagappan v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.16647 of 2017 1.Nagappan 2.Marikannu 3.Lakshmanan 4.Anandharaj 5.Balasubrmanian ... Petitioners /A1 to A5 -Vs1.State rep. by the Sub Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

(Crime No.4 of 2014) ...RESPONDENT/COMPLAINANT

2. Karpagam ... Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to call for the records relating to C.C.No.195 of 2017, pending on the file of the learned Principal District Munsif Cum Judicial Magistrate, Karaikudi and quash the same.

For Petitioners :

Mr.D. Rameshkumar For R-1 :

Mr.K.S. Duraipandian Additional Public Prosecutor For R-2 : Mr.M. Mahendira Prabhu

O R D E R

This Criminal Original petition is filed to call for the records relating to C.C.No.195 of 2017, pending on the file of the learned Principal District Munsif Cum Judicial Magistrate, Karaikudi and quash the same.

2. Heard the learned counsel appearing for the petitioners 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 first accused in criminal proceedings in C.C.No.195 of 2017, on the file of the learend Principal District Munsif Cum Judicial Magistrate, Karaikudi . On the basis of the complaint lodged by the second respondent / de facto complainant, as against the petitioners, a case was registered by the first respondent police in Crime No.4 of 2014, for the offences under Sections 498(A), 406, 294(b), 323, 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act. After filing charge sheet, the case was taken on file in C.C.No.195 of 2017, on the file of the learned Principal District Munsif Cum Judicial Magistrate, Karaikudi , for the same offence.

4. It appears that parties viz., petitioners and the 2nd respondent / de facto complainant have 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 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 proceedings pending in C.C.No.195 of 2017 and the second respondent have requested this Court to quash the proceedings in C.C.No.195 of 2017, on the file of the learned Principal District Munsif Cum Judicial Magistrate, Karaikudi .

5. The parties have appeared before this Court today and expressed in unequivocal terms that the Joint Compromise Memo was signed by them on their own 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. 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 criminal proceedings pending in C.C.No.195 of 2017, on the file of the learned Principal District Munsif Cum Judicial Magistrate, Karaikudi is quashed in toto. The Joint Compromise Memo signed by the parties, dated 13.12.2017 shall form part of this order. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar

trp To Xerox Copy of Joint Compromise Memo herewith enclosed 1.The Sub Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

+2 cc to M/S.D.RAMESHKUMAR, Advocate SR.No.93695 Crl.O.P.(MD) No.16647 of 2017 19.12.2017 SMA/JC/SAR-3/10.01.2018:3P/5C