Ashok Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.05.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.O.P.(MD).No.7202 of 2018 1.Ashok Kumar 2.Jamuna Rani 3.Gowtha 4.Arul Prakash ... Petitioners/Accused 1 to 4 Vs.

1. State represented by the Inspector of Police, All Women Police Station, Golden Rock, Tiruchirapalli, Tiruchirapalli District.

(Crime No.15 of 2016). .... 1st Respondent/Complainant 2.Dayana ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the record and quash the charge sheet in C.C.No.21 of 2017 on the file of the learned Judicial Magistrate / Additional Mahila Court, Tiruchirapalli, Tiruchirapalli District, pursuant to the compromise arrived at by the parties and pass such further Order.

For Petitioners : Mr.A.Thiruvadi Kumar For R1 : Mr.Prabu Ramachandran Government Advocate (Crl.side) For R2 : Mr.S.Vinayak

O R D E R

When the matter came up for hearing today, the petitioners 2 and 3 as well as the second respondent / de-facto complainant are personally present before this Court and identified themselves.

2. Heard the learned counsel appearing for the petitioners, the learned Government Advocate (Crl.side) appearing for the first respondent and the learned counsel appearing for the second respondent / de-facto complainant.

https://hcservices.ecourts.gov.in/hcservices/

3. During the pendency of the proceedings, at the intervention of the elders and family members, an amicable settlement has been arrived at between the parties. A Joint Compromise Memo dated 06.02.2018, has been filed by them. In the said memorandum of compromise, the de-facto complainant/second respondent has stated that the dispute has been amicably settled and she has no objection to quash the proceedings pending against the petitioners in C.C.No.21 of 2017 on the file of the learned Judicial Magistrate / Additional Mahila Court, Tiruchirapalli, Tiruchirapalli District.

4. Though the first and fourth respondents had not signed the joint compromise memo, they filed a separate application seeking to dispense with the personal appearance. However, the de-facto complainant has also stated in the joint compromise memo that she does not intend to proceed against all the petitioners.

5. In view of the same, the charge sheet in C.C.No.21 of 2017 pending on the file of the learned Judicial Magistrate / Additional Mahila Court, Tiruchirapalli, Tiruchirapalli District is quashed. Accordingly, the Criminal Original Petition stands allowed. The Joint Compromise Memo dated 06.02.2018 shall form part of the order. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar Enclose herewith Copy of the Joint Compromise Memo To

1. The Inspector of Police, All Women Police Station, Golden Rock, Tiruchirapalli, Tiruchirapalli District.

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

+1CC to Mr.A.Thiruvadai Kumar Advocate in SR.No.65606, AKV DS/JC/SAR-1 :01.06.2018: 2P/4C Crl.O.P.(MD).No.7202 of 2018 17.05.2018 https://hcservices.ecourts.gov.in/hcservices/