M.Pandian @ Misa Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD) No.16956 of 2017 M.Pandian @ Misa Pandi ... Petitioner/ Sole Accused Vs

1. The State represented by The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai District.

(In Crime No.1396 of 2017) ...Respondent/ Complainant

2. Sri Yalini

...Respondent/Defacto Complainant

PRAYER: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to C.C.No.209 of 2017, on the file of the Hon'ble Additional Mahila Court, Madurai and quash the same.

For Petitioner : Mr.B. Thanga Aravindh For R1 : Mr.K.S.Duraipandian Additional Public Prosecutor For R2 :Mr.C. Senthil Murugan ***

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to C.C.No.209 of 2017, on the file of the Additional Mahila Court, Madurai and quash the same against the petitioner.

2.Heard the learned Counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent and the learned Counsel appearing for the second respondent.

3.The petitioner is the sole accused in Criminal proceedings in C.C.No.209 of 2017 on the file of the Additional Mahila Court, Madurai. A complaint was lodged by the second respondent as against the petitioner and the same was registered in Crime No.1396 of 2017 before the first respondent for the alleged https://hcservices.ecourts.gov.in/hcservices/

offences under sections 294(b), 353, 506(i) IPC and 4 of TNPHW Act. After filing the charge sheet, the case was taken on file in C.C.No.209 of 2017 on the file of the Additional Mahila Court, Madurai.

4.It appears that the parties namely the petitioner and the second respondent have amicably settled their dispute out of court. It is further stated that the parties have entered into a compromise. A Joint Compromise Memo, dated 27.11.2017, signed by the petitioner and the second respondent in the presence of their respective counsel is produced before this court. As per the terms of the Joint Compromise Memo, the second respondent has agreed for quashing the proceedings namely the charge sheet in C.C.No.209 of 2017 on the file of the Additional Mahila Court, Madurai.

5.Today, 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.In view of the specific terms of the Joint Compromise Memo, this Court is of the view that no useful or fruitful purpose will be served by keeping this matter pending. Hence the criminal proceedings/Calendar Case in C.C.No.209 of 2017, pending on the file of learned Additional Mahila Court, Madurai (in relation to Crime No.1396 of 2017 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. 7.Accordingly, the Criminal Original Petition is allowed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar Herewith enclosed the xerox copy of the Joint Compromise Memo To 1.The Additional Mahila Court, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai District.

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

+3CC to Mr.B.Thanga Aravindh, Advocate, SR.No. 91987 CRL.O.P.(MD) No.16956 of 2017 pnn/am AM/SKN RSK/SAR 4/21.12.2017/2P/7C https://hcservices.ecourts.gov.in/hcservices/