Kalidass 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.5478 of 2017 1.Kalidass 2.Palsamy 3.Balapushpam 4.Irani Veeran : Petitioners / A1 to A4 Vs.

1.State Rep. By The Inspector of Police, All Women Police Station, Melur, Madurai District.

(Crime No.73 of 2014) : 1st Respondent / Complainant 2.Muthulakshmi : 2nd Respondent / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records in C.C.No.91 of 2016 on the file of the learned Judicial Magistrate, Melur and quash the same.

For Petitioners : Mr.R.Venkateswaran For Respondent-1 : Mr.P.Kandasamy Government Advocate (crl.side) For Respondent-2 : Mr.S.Sivabalan

ORDER

This Criminal Original Petition is filed praying to call for the records in C.C.No.91 of 2016, pending on the file of the learned Judicial Magistrate, Melur and quash the same.

2. The petitioners 1, 3 and 4 and the second respondent are present before this Court along with their respective counsels. The 2nd petitioner is absent today. The learned Government Advocate (crl.side) appearing for the first respondent is also present.

3. The first respondent has registered a case against the petitioner in Crime No.73 of 2015, for the alleged offence under Sections 498(A) and 506(i) of IPC., as per the complaint given by the second respondent herein.

4. The learned counsel appearing for the petitioners 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 petitioners herein. Hence, the petitioners and the second respondent are seeking indulgence of this Court to record the compromise and to quash the proceedings in C.C.No.91 of 2016, pending on the file of the learned Judicial Magistrate, Melur

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 Aadhaar Card of the petitioners and the second respondent, for their identification. The 1st Petitioner's Aadhaar Card Number is, 2841 7852 0562; the 2nd Petitioner's Aadhaar Card Number is, 8842 9361 4324; the 3rd Petitioner's Aadhaar Card Number is, 8579 2287 1897; the 4th Petitioner's Aadhaar Card Number is, 7354 8609 6239 and the 2nd Respondent's Aadhaar Card Number is, 9162 2789 5168.

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 'Joint Compromise Memo', dated Nil March 2017 to that effect, this Court is of the view that there is no need to keep the proceedings in C.C.No.91 of 2016, pending on the file of the learned Judicial Magistrate, Melur.

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.91 of 2016, pending on the file of the learned Judicial Magistrate, Melur, is quashed. The 'Joint Compromise Memo, dated Nil.03.2017, shall form part of the order.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar

To 1.The Judicial Magistrate, Melur 2.The Inspector of Police, All Women Police Station, Melur, Madurai District.

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

MPK kk/MMS/10.05.2017-3P-4C Crl.OP(MD)No.5478 of 2017 28.04.2017