Rex. Pravin v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.16680 of 2016 1.Rex Pravin 2.S.M.Lourdhu Rajan 3.Alphonsa Mary 4.Percy Margaret .. Petitioners/Accused Nos.1 to 4 Vs.
1.The State represented by The Inspector of Police, All Women Police Station, Samayanallur, Madurai District.
(Cr.No.92 of 2014) ... Respondent/Complainant
2. Sherine Pauli ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in C.C.No.110 of 2016 pending investigation on the file of the learned Judicial Magistrate- Additional Mahila Court, Madurai and quash the same.
For Petitioners : Mr.S.Mahendrapathy For Respondents : Mrs.S.Prabha Government Advocate (Crl.Side) for R1 Mr.G.Thaveethu for R2
O R D E R
This petition has been filed to call for the records in C.C.No.110 of 2016 pending investigation on the file of the learned Judicial Magistrate- Additional Mahila Court, Madurai.
2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for the second
respondent.
3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in C.C.No.110 of 2016 for the offence under Section 498-A and 409 IPC on the file of the learned Judicial Magistrate-Additional Mahila Court, Madurai.
4. Today, when the matter was taken up for hearing in the morning, the petitioners/A1 to A4 and the second respondent/defacto complainant, appeared in person 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 (Crl.Side) through the respondent police. They categorically made a statement that the dispute between them have been settled amicably out of the Court. They also filed a memo of compromise dated 31.08.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that they are ready to donate Rs.20,000/- to the Harijan Sevak Sangh.
5. In view of the above, this Court directed the parties to pay Rs.20,000/-to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20.
6. In the afternoon, when the matter is taken up, the learned counsel for the petitioner appeared and would submit that the payment receipt has been filed. In view of the statements made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.
7. In the result, the Criminal Original Petition is allowed and the entire proceedings in C.C.No.110 of 2016, on the file of the learned Judicial Magistrate-Additional Mahila Court, Madurai, is hereby quashed.
Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar PJL To:
1. Judicial Magistrate-Additional Mahila Court, Madurai.
2.The Inspector of Police, All Women Police Station,
Samayanallur, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
TAMIL NADU HARIJAN SEVAK SANGH, N.M.R.SUBBARAMAN MEMORAL RESIDENTIAL PRIMARY SCHOOL CAMPUS, 12, DR.THANGARAJ ROAD, VINAYAGA NAGAR, OPPOSITE TO MADURAI LAW COLLEGE, MADURAI -20.
+1cc to Mr.S.Mahendrapathy Advocate Sr.No. 56516 +1cc to Mr.F.X.Eugene,Advocate Sr.No. 55830 JAM/20.10.16/EM-MPA /3p-7c Crl.O.P.(MD) No.16680 of 2016 26.09.2016