Kambakkudi Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.4818 of 2017 1.Kambakkudi Raja 2.Rajendran 3.R.Parameshwari 4.Vijaya 5.Vanitha 6.Latha : Petitioners -vs1.The State rep. by the Inspector of Police, B2 Keelavalavu Police Station, Melur Taluk, Madurai District in Crime No.114 of 2016 2.Alagusundari : Respondents Prayer: Petition is filed under Section 482 of Code of Criminal Procedure praying to call for the records pertaining to Crime No.114 of 2016 dated 17.03.2016 on the file of the 1st respondent police and quash the same with regard to the petitioners NO.1 to 6/accused Nos.1 to 6.

For Petitioner :

Mr.J.Sulaiman Basha For Respondent No.1 :

Mr.K.Anbarasan Government Advocate (Crl. side) For Respondent No.2 :

Mr.M.Mahendran

O R D E R

On the complaint lodged by one Alagusundari/2nd respondent, the first respondent police registered a case in Crime No.114 of 2016 for offences under Sections 147, 498(A),323, 355, 506(ii) and 109 of the Indian Penal Code r/w. Section 4 of Tamil Nadu Prohibition of Harassment of Women Act against the petitioners, challenging which, the accused and the defacto complainant are before this Court for quashing the FIR in Crime No.114 of 2016 against the petitioners on the ground that they have arrived at a compromise.

2. Today, when the matter is taken up for hearing, Special Sub Inspector of Police, B2 Keelavalavu Police Station, Madurai, is present in Court. The defacto complainant is present and the accused are also 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 the Special Sub Inspector of Police, Keelavalavu Police Station, Madurai.

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3. The petitioner and the second respondent have filed a joint compromise memo dated 11.04.2017, in which, it has been stated as follows:

"All the petitioners as well as the 2nd respondent arrived at compromise and amicably settled the issue with the help of family elders and relatives. Further, the 1st petitioner and the 2nd respondent are leading their life under one roof without any dispute with the help of the petitioners Nos.2 to 6 and the matter has been amicably settled between them. The 2nd respondent/defacto complainant will not pursue her remedy for the same cause of action and she has no objection for quashing Crime no.114 of 2016 on the file of the 1st respondent police with regard to the petitioners No.1 to 6/Accused Nos.1 to 6 and thus render justice."

4. In view of the joint compromise memo dated 11.04.2017, 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 FIR in Crime No.114/2016 pending on the file of the respondent police, in respect of all the accused, including the accused, who are not before this Court, are hereby quashed. The joint compromise memo dated 11.04.2017 shall form part of this order. However, petitioners are directed to pay a sum of Rs.500/- (Rupees five hundred only) each, to Rojavanam, Homeless and Aged Care Centre, Melur Road, Uthangudi, Madurai, within a period of two weeks from today.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To:

1.The Inspector of Police, B2 Keelavalavu Police Station, Madurai.

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

3.The Secretary, The Rojavanam, Homeless and Aged Care Centre, Melur Road, Uthangudi, Madurai.

+1cc to Mr.M.Mahendran,Advocate,SR.61602 Crl.O.P.(MD) No.4818 of 2017 Dated: 21.06.2017 RR KK/SKN RSK/SAR2/07.07.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/