Paranthaman v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.16670 of 2017 and Crl.M.P.(MD) Nos.11004 & 11005 of 2017 1.Paranthaman 2.Vijayalakshmi 3.S.Andal Ammal 4.R.Sankara Narayanan ... Petitioners / A1 to A4 vs.
1.The State represented by The Inspector of Police Villoor Police Station Madurai District (Crime No.32 of 17) ... 1st Respondent / Complainant 2.Santhi ... 2nd Respondent / De facto Complainant PRAYER : Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the Charge Sheet in C.C.No.154 of 2017, pending before the District Munsif Cum Judicial Magistrate Court, Peraiyur, Madurai District and quash the same as illegal. For Petitioners :
Mr.G.Prabhu Rajadurai For Respondents :
Mr.S.Chandrasekar, Additional Public Prosecutor for R1 Mr.J.Jeykumaran, for R2
O R D E R
On the complaint lodged by Santhi, the respondent Police registered a case in Crime No.32 of 2017, on 27.03.2017 and after completing the investigation, have filed the Final Report in C.C.No.154 of 2017, before the learned District Munsif-cum-Judicial Magistrate, Peraiyur, Madurai District, for the offences punishable under Sections 294(b) & 506(I) I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. Seeking to quash the same, this Criminal Original Petition has been filed, on the ground that the parties have arrived at a compromise.
2. Today, Mr.B.Athi Narayanan, Sub-Inspector of Police, Villoor Police Station, Madurai District, is present.
3. It is reported that Andal (A3) died on 08.02.2019 and Sankara Narayanan (A4) is aged about 88 years.
4. Today, Santhi, de facto complainant and Paranthaman (A1) and Vijayalakshmi (A2) are present. They have filed a Joint Memo of Compromise, dated 06.03.2019, wherein, it is stated as follows: "2. The parties 1st and 2nd part herein state that pending the above stated case both the parties have understood that the dispute between them arose due to misconception and they settled the dispute amicably and they are living peacefully. Therefore, the party of 2nd part herein without any coercion or threat cordially decides to withdraw the allegations that she has raised against the parties of the 1st part herein and she undertakes to cooperate by way of filing suitable affidavit before the Hon'ble Madurai Bench of the Madras High Court to quash the FIR pending against the parties of the 1st part.
3. The parties of the 1st and 2nd part herein state that by way of this Memorandum of Compromise they have settled all disputes among them and they both undertake that they would not initiate any Civil or Criminal disputes against each other for such issues."
5. In view of the above, this Criminal Original Petition is allowed and the proceedings in C.C.No.154 of 2017, on the file of the learned District Munsif-cum-Judicial Magistrate, Peraiyur, Madurai District, as against the petitioners herein are hereby quashed. The petitioners 1, 2 & 4 are directed to pay a sum of Rs.1,000/- (Rupees one thousand only) each (Rs.3,000/- totally), to the District Siddha Medical Officer, CCRI, PKM, Account No.10767823177, IFSC Code No.SBIN0000898, MICR Code No.625002601, SBI Periyakulam Branch, within a period of four (4) weeks from the date of receipt of copy of this order and file a copy of the Receipt and Memo to that effect before the Registry. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar To 1.The District Munsif-cum- Judicial Magistrate, Peraiyur, Madurai District.
2.The Inspector of Police, Villoor Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
The District Siddha Medical Officer, CCRI, Periyakulam.
+1CC TO Mr.G.Prabhu Rajadurai, Advocate, Sr No.53441 +1CC TO Mr.J.Jeykumaran, Advocate, sr No.53181 Crl.O.P.(MD) No.16670 of 2017 and Crl.M.P.(MD) Nos.11004 & 11005 of 2017 11.03.2019 krk SP/05.04.2019/3P.7C