Vinoth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.1760 of 2017 1.Vinoth 2.Sowmiya : Petitioners 1 and 2/Accused 1 and 3 -Vs1. The State represented by The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

(Cr.No.31 of 2015) : 1st Respondent/Complainant 2.Infanta Vanthana : 2nd Respondent/Defacto Complainant PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code to quash the charge sheet in C.C.No.38 of 2016, pending on the file of the Judicial Magistrate Court No.2, Dindigul, Dindigul District.

For Petitioners : Mr.D.Selvaraj For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side) for R.1 : Mr.M.Aarumugam for R.2

O R D E R

On the complaint lodged by second respondent, the first respondent police has registered a case in Crime No.31 of 2015 and after completing the investigation, has filed the final report in C.C.NO.38 of 2016, before the learned Judicial Magistrate No.II, Dindigul for the offences under Sections 323, 498(A), 406, 506(ii) I.P.C. and Section 4 of Dowry Prohibition Act against the petitioners herein, for quashing which, the petitioners and the defacto complainant are before this Court on the ground that they have arrived at a compromise.

2. Today, when the matter was taken up for hearing, Ms.R.Eswari, Sub-Inspector of Police, All Women Police Station, Dindigul, Dindigul District is present. The defacto complainant is present and all the other petitioners are present and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through Ms.R.Eswari, Subhttps://hcservices.ecourts.gov.in/hcservices/

Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

3. The petitioners and the second respondent have filed a joint compromise memo dated 09.12.2016, wherein, it is stated as follows:

"2. It is submitted that both the petitioners and 2nd respondent compromised their dispute through out of Court. Therefore the 2nd respondent not interested in conducting the case against the petitioners. Hence, the above case may be quashed against the petitioners.

4. In view of the above, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, this petition is allowed and the entire proceedings in Crime No.31 of 2015 on the file of the first respondent police in respect of all the accused including those who are not before this Court are hereby quashed. The joint compromise memo dated 09.12.2016 shall form part of this order.

5. At the instance of the learned counsel for the petitioners, the petitioners themselves voluntarily came forward to contribute some amount for the purpose of removal of Karuvelam Trees.

6. Accepting the submission, the petitioners are directed to pay a sum of Rs.1,000/- (Rupees One Thousand only) each, to the credit of Indian Bank Savings Account No.6514082295, operated by the Registrar (Administration), Madurai Bench of Madras High Court, Madurai, for the purpose of removal of Seemai Karuvelam Trees, within a period of two weeks from today. After making payment, a copy of the challan shall be furnished to the Registrar (administration), Madurai Bench of Madras High Court, Madurai. sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.2, Dindigul.

2. The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

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

Copy to The Registrar(Administration) Madurai Bench of Madras High Court, Madurai.

+2 cc to Mr.D.Selvaraj, Advocate, SR.No. 18542 CRL.O.P.(MD) No.1760 of 2017 Dated: 27.03.2017 ssl/psd MKV-JC-SAR 4/4.4.2017/2P-7C https://hcservices.ecourts.gov.in/hcservices/