S.Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED Crl.OP(MD)No.5398 of 2017 S.Saravanan : Petitioner / Accused Vs.

1.The Inspector of Police, All Women Police Station, Tallakulam, Madurai (In Cr.No.16 of 2008) : 1st Respondent / Complainant 2.Giritha : 2nd Respondent / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records pertaining to the proceedings in C.C.No.33 of 2014 pending on the file of the Additional Mahila Court (Judicial Magistrate Level) Madurai and to quash the same.

For Petitioner : Mr.Babu Rajendran For Respondent-1 : Mr.P.Kandasamy Government Advocate (crl.side) For Respondent-2 : Ms.G.Vijaya Lakshmi

ORDER

This Criminal Original Petition is filed praying to call for the records pertaining to the proceedings in C.C.No.33 of 2014 pending on the file of the Additional Mahila Court (Judicial Magistrate Level) Madurai and to quash the same.

2. The petitioner and the second respondent are present before this Court along with their respective counsels. The learned Government Advocate (crl.side) appearing for the first respondent is also present.

3. The first respondent has registered the case against the petitioner in Crime No.16 of 2008, for the alleged offence under Sections 498(A), 406, 384 and 506(ii) of IPC., and Section 4 of

Dowry Prohibition Act, as per the complaint given by the second respondent herein.

4. The learned counsel appearing for the petitioner and the second respondent would submit that, since the parties have settled their disputes amicably, the defacto complainant, who is the second respondent herein, does not want to continue the criminal proceedings against the petitioner herein. Hence, the petitioner and the second respondent are seeking indulgence of this Court to record the compromise and to quash the proceedings in C.C.No.33 of 2014 pending on the file of the Additional Mahila Court (Judicial Magistrate Level) Madurai.

5. The learned Government Advocate (crl.side) appearing for the 1st respondent states that he has no objection to record the compromise, since the parties to the case compromised the issue between themselves.

6. The learned counsels appearing on either side produced the Original Driving Licence of the petitioner and the second respondent, for their identification. The Petitioner's Driving Licence Number is, TN67Z19940000949 and the second Respondent's Driving Licence Number is TN5820080009099.

7. The Court heard the submissions of the respective parties, who appeared before this Court and their identification is also verified by their respective counsels.

8. Since the parties have settled their disputes amicably and they have also filed a 'Compromise Memo', dated 26.04.2017 to that effect, this Court is of the view that there is no need to keep the proceedings in C.C.No.33 of 2014 pending on the file of the Additional Mahila Court (Judicial Magistrate Level) Madurai.

9. In the light of the compromise entered into between the parties, this Criminal Original Petition is allowed and the proceedings in C.C.No.33 of 2014 pending on the file of the Additional Mahila Court (Judicial Magistrate Level) Madurai, is quashed. The 'Compromise Memo, dated 26.04.2017, shall form part of the order.

Sd/- Assistant Registrar (Protocol) /True copy/ Sub Assistant Registrar Encl: Xerox copies of Compromise Memo

To:

1.The Judicial Magistrate, The Additional Mahila Court (Judicial Magistrate Level) Madurai.

2.The Inspector of Police, All Women Police Station, Tallakulam, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.Babu Rajendran, Advocate, SR No. 55259 MPK PSM/MMS/19.05.2017/3P/5C Crl.OP(MD)No.5398 of 2017 Dated:- 28.04.2017