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Madras High CourtCRL OP(MD)/1978/2016closed

Arun @ Senthil v. The Inspector Of Police

2016-02-04Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.02.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.1978 of 2016 and Crl.M.P.(MD)No.1013 of 2016 Arun @ Senthil ..Petitioner/Accused No.1 Vs

1. The State represented by The Inspector of Police, All Women Police Station, Karur, Karur District.

.. 1st Respondent/Complainant

2. Thangam Premalatha .. 2nd Respondent/Defacto complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records connected with the F.I.R. in Crime No.17 of 2015 dated 26.07.2015 on the file of the first respondent and quash the same in respect of the petitioner/accused No.1 alone.

For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.C.Mayilvahana Rajendran Additional Public Prosecutor for R.1

ORDER

This petition has been filed to call for the records connected with the F.I.R. in Crime No.17 of 2015 dated 26.07.2015 on the file of the first respondent and quash the same in respect of the petitioner/accused No.1 alone.

2. When the case is taken up for hearing, the learned Additional Public Prosecutor appearing for the State submitted that the investigation has been completed in Cr.No.17 of 2015 and a final report has been filed on 29.01.2016 before the Judicial Magistrate No.I, Karur and that the same has not yet been taken on file.

3. At this stage, the learned Counsel appearing for the petitioner submitted that the parties have arrived at compromise and that is why, the petitioner filed a quash petition for quashing the F.I.R. on the ground that they have arrived at https://hcservices.ecourts.gov.in/hcservices/

amicable settlement.

4. The offences in this case are matrimonial offences and if the parties had arrived at compromise, there is no bar for this Court to quash the proceedings. However since the final report has been filed, a liberty is given to the petitioner to file a fresh quash petition challenging the final report on the ground that the parties have arrived at compromise. The learned Judicial Magistrate No.I, Karur is directed to take the final report in Cr.No.17 of 2015 immediately on his file and assign C.C.No. to it, so that the parties can approach the Court for quashing the final report.

5. With the above directions, this Criminal Original Petition is closed. Consequently the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To

1. The Judicial Magistrate No.I, Karur.

2. The Inspector of Police, All Women Police Station, Karur, Karur District.

3. The Chief Judicial Magistrate, Karur District.

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

+2 CC TO MR.D.ANANDAN, ADVOCATE IN SR NO. 6988 SSL TE/SKS-RR/SAR-I : 05/02/2016 : 2P/7C Crl.O.P.(MD)No.1978 of 2016 04.02.2016 https://hcservices.ecourts.gov.in/hcservices/