M. Paranjothi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2016
CORAM
THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.18710 of 2016 and Crl.M.P:.(MD).Nos.9335 and 9336 of 2016 1.M.Paranjothi 2.Sampath Kumar 3.Selvakumar .. Petitioners/Accused Nos.1 to 3 Vs 1.The State represented by The Inspector of Police, GH Police Station, Trichy.
... Respondent/Complainant 2.D.Rani ... Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to Charge Sheet in C.C.No.(*)88 of 2015 on the file of the learned (*) Additional Mahila Court, Tiruchirappalli and quash the same.
For Petitioners : Mr.ARL.Sundaresan Senior Counsel forM/s.AL.Ganthimathi For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R1 Mr.S.Sekar for R2
O R D E R
This petition has been filed to call for the records relating to Charge Sheet in C.C.No(*)88 of 2015 on the file of the learned (*) Additional Mahila Court, Tiruchirappalli and quash the same.
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 first petitioner in Cr.No.247 of 2011 for the offences under
Sections 493, 406, 420, 294-B, 354 and 506(ii) IPC., r/w Section 4 of the Women Harassment Act, on the file of the first respondent and the same was taken on file as C.C.No.(*)88 of 2015 on the file of the learned (*) Additional Mahila Court, Tiruchirappalli.
4. When the matter was called on 29.09.2016 both the petitioners as well as the second respondent are 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 and they categorically made a statement that the dispute between them have been settled amicably. They also filed a memo of compromise dated 28.09.2016 duly signed by both parties and counter signed by their respective Counsel. They would also further submit that they are ready to donate Rs.75,000/- to Harijan Sevak Sangh.
5. In view of the above, this Court directed the parties to pay Rs.75,000/- 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 and also this Court dispensed with the appearance of the parties.
6. Today when the matter is called, the 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 view of the above, the Criminal Original Petition is allowed and the entire proceedings in Crime No.247 of 2011 for the offences under Sections 493, 406, 420, 294-B, 354 and 506(ii) IPC., r/w Section 4 of the Women Harassment Act, on the file of the first respondent and the consequential proceedings in C.C.No. (*)88 of 2015 on the file of the learned (*) Additional Mahila Court, Tiruchirappalli, is quashed. Consequently connected miscellaneous petitions are closed.
Sd/- 04.10.2016 (*)AMENDED AS PER ORDER OF THIS COURT DATED 24.10.2016 MADE IN CRL.MP(MD)No.10347/16 Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar
To:
To be substituted to the order already despatched on 14.10.16
1. (*) The Additional Mahila Court, Tiruchirappalli.
2. The Inspector of Police, GH Police Station, Trichy.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Judicial Magistrate NO.IV, Tiruchirappalli (for information) +3ccs to M/s.A.L.GANDHIMATHI, ADVOCATE SR.No. 55659 +1cc to M/S.J.ANANDKUMAR,ADVOCATE SR NO:59291 PJL JA-PV-SAR.I/14.10.2016/3P:8C SMA/CK/3.11.2016:3P/9C Crl.O.P.(MD) No.18710 of 2016 04.10.2016