Selvarani v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN and Crl.MP(MD)No.3234 of 2021 1.Selvarani 2.Subbaraj 3.Rajendran 4.Velusamy ... Petitioners/Accused Nos.1 to 4 vs.

1.State through The Sub Inspector of Police, Thiruvengadam Police Station, Tirunelveli District.

Crime No.223 of 2020 ... 1st Respondent/Complainant 2.Dhanalakshmi ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings of the FIR in Crime No.223 of 2020, dated 28.09.2020 on the file of the first respondent.

For petitioners : Mr.K.Prabhu For R1 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side) For R2 : Mr.S.Senthil Sankaranatha Kumar

O R D E R

This petition has been filed to quash the Crime No.223 of 2020 on the file of the Sub Inspector of Police, Thiruvengadam Police Station, Tirunelveli District.

2.The first petitioner appeared through video conference from Kundampatti, Tirunelveli. To that effect the petitioner filed affidavit.

3.The matter has been compromised between the parties and the defacto complainant would submit that she received compensation amount of Rs.5 lakhs from the owner of the quarry. 4.The contention of the petitioners and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.223 of 2020 for the offences punishable under Section 304 A of IPC, 1/3

against the petitioners.

5.The further contention of the petitioners is that they compromised the issue with the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

6.The petitioners and the second respondent appeared through video conference from the office of the learned Government Advocate (Criminal side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.G.Arumugasamy, Special Sub-Inspector of Police, Thiruvengadam Police Station, Tirunelveli District. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

7.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 05.08.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.223 of 2020, pending on the file of the Sub Inspector of Police, Thiruvengadam Police Station, Tirunelveli District, is quashed and the compromise memo is recorded.

8.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.223 of 2020, pending on the file of the Sub Inspector of Police, Thiruvengadam Police Station, Tirunelveli District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To (*)Enclose herewith Copy of the Joint Compromise Memo 1.The Sub Inspector of Police, Thiruvengadam Police Station, Tirunelveli District.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-29243[F] dated 16/09/2021 ) 15.09.2021 RS (28.09.2021) 3P 4C 3/3