Madras High CourtCRL OP(MD)/677/2017disposed of

Rajapandi v. The Sub Inspector Of Police,

2017-01-30Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD).No.677 of 2017

1. Rajapandi,

2. Muneeswaran,

3. Nagarajan.

... Petitioners/A1 to A3 -Vs1. State rep. by, The Sub-Inspector of Police, Perunkudi Police Station, Madurai District.

(Crime No.115 of 2013) ...1st Respondent/Complainant

2. Sakthivel ...2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.64 of 2015 in Crime No.115 of 2013, on the file of the Learned Additional Mahila Court (Magisterial Level), Madurai and quash the same.

For Petitioners : Mr.V.Ramalingam For Respondents : Mr.K.Anbarasan Government Advocate (Crl. Side) for R1 Mr.N.Saravanan for R2

O R D E R

This petition has been filed to quash the case in C.C.No.64 of 2015, on the file of the Learned Additional Mahila Court (Magisterial Level), Madurai.

2.Heard the learned counsel for the petitioner, the learned counsel for the second respondent and the Government Advocate (Crl. Side) for the first respondent.

3.Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioner in Crime No.115 of 2013 for the offences under Sections 294(b), 324 and 506(ii) IPC., and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act, on the file of https://hcservices.ecourts.gov.in/hcservices/

the first respondent and the same was taken on file as C.C.No.64 of 2015 on the file of the learned Additional Mahila Court (Magisterial Level), Madurai.

4. When the matter was taken up for hearing, both the petitioner 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 09.01.2017 duly signed by both parties and counter signed by their respective Counsel.

5. Considering the submissions made by the parties and the compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

6. In view of the above, the Criminal Original Petition is allowed and the entire proceedings in Crime No.115 of 2013 for the offences under Sections 294(b), 324 and 506(ii) IPC., and Section 4 of the Tamilnadu Prohibition of Harassment of Women Act, on the file of the first respondent and the consequential proceedings in C.C.No.64 of 2015 on the file of the learned Additional Mahila Court (Magisterial Level), Madurai, is quashed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Additional Mahila Court (Magisterial Level), Madurai.

2. The Sub-Inspector of Police, Perunkudi Police Station, Madurai District.

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

+1cc to Mr.S.Muniyandi,Advocate,SR No.4827.

Crl.O.P.(MD).No.677 of 2017 30.01.2017 pjl MS/RSK/21.2.2017/2P.5C https://hcservices.ecourts.gov.in/hcservices/