Dhanasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6763 of 2023 and Crl.M.P.(MD) No.5869 of 2023 Dhanasekaran ... Petitioner/Sole Accused Vs.

1.The State Rep by The Inspector of Police, Palaiyanur Police Station, Sivagangai District.

In Cr.No.42 of 2022.

...1st Respondent/ Complainant 2.Ponnumuthu ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in FIR in Crime No.42 of 2022 on the file of the 1st respondent and quash the same in respect of the petitioner concerned.

For Petitioner : Mr.V.Malaiyendran For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : Mr.P.Saravanakumar for Mr.Kalayarasan Bharathi 1/4

O R D E R This petition has been filed seeking to quash the impugned FIR in Crime No.42 of 2022 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.42 of 2022 for the offences punishable under Sections 341, 294(b), 323, 506(ii) of IPC and Sections 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002 against the petitioner.

3.The further contention of the petitioner is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is 2/4

recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 13.12.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.42 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.42 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous Petition is closed. 13.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To 1.The Inspector of Police, Palaiyanur Police Station, Sivagangai District.

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

Crl.O.P.(MD) No.6763 of 2023 13.12.2023 4/4