Nalleswaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2017
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.2711 of 2017 1.Nalleswaran 2.Pulathaiammal 3.Sundarajan 4.Murugeswari 5.Eswaran 6.Kalieswaran : Petitioners/Accused Nos.1 to 6 -vs1.The State rep. by the Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District.
(Crime No.9 of 2014) : 1st Respondent/Complainant 3.M.Sunganthi : 2nd Respondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to call for the records relating to the charge sheet in C.C.No.20 of 2016 on the file of Judicial Magistrate Court, Sivakasi and quash the same as matter is amicably settled between parties.
For Petitioner : Mr.E.Mareeskumar For 1st Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.side) For 2nd Respondent : Mr.G.Velmurugan ******
O R D E R
On the complaint lodged by the second respondent, the first respondent registered a case in Crime No.9 of 2014 under Sections 498-A, 494 and 406 of the Indian Penal Code and Section 4 of Dowry Prohibition Act against the petitioner, to quash which, both parties are present before this Court on the ground that they have arrived at the compromise.
2. Today, when the matter was taken up for hearing, both parties are present before this Court along with their respective counsel and they were identified by their respective counsel.
3. The petitioner and the second respondent have filed a joint compromise memo dated 16.12.2016, wherein, they have stated as follows:
"2.It is respectfully submitted that subsequent to the registration of the FIR and filing of charge sheet as against the petitioners at the instance of elders of both family and friends both parties have resolved our differences amicably and settle the entire matter in the presence of elders and the amount of Rs.10 Lakhs was settled to the defacto complainant and she is agreed to show her son once in a month to the 1st petitioner and his family members. Now both parties don't want to proceed the matter further. The defacto complainant is not interested in prosecuting the petitioners further. Hence, the defacto complainant has no objection in allowing the above quash petition since the matter has been amicably settled between both."
4. In view of the joint memo of compromise dated 16.12.2016, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, the entire proceedings in C.C. No.20 of 2016 on the file of the Judicial Magistrate, Sivakasi are hereby quashed.
5. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties. The joint compromise memo dated 16.12.2016 shall form part of this order.
Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To:
Encl:xerox copy of compromise memo 1.The Judicial Magistrate, Sivakasi.
2.-do-thro'The Chief Judicial Magistrate, Virudhunagar District.
3.The Inspector of Police, All Women Police Station, Sivakasi, Virudhunagar District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.E.Mareeskumar, Advocate Sr.No. 14434 sj AE/SKN RSK/17.03.2017/3P/6C Order made in Crl.O.P.(MD) No.2711 of 2017 10.03.2017