S.Rajalakshmi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.7226 of 2017 S.Rajalakshmi : Petitioner/Sole Accused -vs1.State Rep. By its, The Inspector of Police, Amathur Police Station, Virudhunagar District.

Crime No.35 of 2016 : 1st Respondent/Complainant 2.E.Maduraiveeran :2ndRespondent/Defacto Complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, praying to call for the records pertaining to the case in S.T.C.No.250 of 2016 on the file of the Judicical Magistrate No.II, Virudhunagar and quash the same.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.K.Anbarasan, Government Advocate (Crl.side) for R.1 :Mr.Ramachandran for R.2 ******

O R D E R

On the complaint lodged by the second respondent, the first respondent registered a case in Crime No.35 of 2016 under Sections 294 and 323 IPC against the petitioner and after completing the investigation, has filed the final report and the same was taken on file as S.T.C.No.250 of 2016 before the learned Judicial Magistrate No.II, Virudhunagar, Virudhunagar District against the petitioners herein, to quash which, both parties are present before this Court on the ground that they have arrived at the compromise.

2. Today, when the matter was taken up for hearing, Mr.G.Murugesan, Special Sub-Inspector of Police, Amathur Police Station, Virudunagar City, is present. Both parties are also present before this Court and their identifications were verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through Mr.G.Murugesan, Special Sub-Inspector of Police, Amathur Police Station, Virudunagar City.

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3. The petitioner and the second respondent have filed a joint compromise memo dated 08.06.2017, wherein, they have stated as follows:

"3.The Petitioner submits that while pending the investigation, and in the meantime both the accused herein and the 2nd respondent herein settled the matter out of court, at instance of the elder of both family since they are belongs to same village, they filed a quash petition before this Court along with their memo of compromise to quash the case in S.T.C.No.250 of 2016 on the file of the Judicial Magistrate No.II, Virudhunagar.

4.The Petitioner submits that the 2nd respondent/defacto complainant is do not want to proceed the case further against petitioner herein."

4. In view of the joint memo of compromise dated 08.06.2017, this Court is of the opinion that no useful purpose would be served in keeping the matter pending.

5. Accordingly, this Criminal Original Petition is allowed on the basis of the compromise entered into between the parties and the entire proceedings in S.T.C.No.250 of 2016 on the file of the Judicial Magistrate Court No.II, Virudhunagar are hereby quashed on condition that the petitioners shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as cost to Mahatma Gandhi Museum, Madurai, within a period of one week from the date of receipt of a copy of this order and file a memo in the Registry. The joint compromise memo dated 08.06.2017 shall form part of this order. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar.

Herewith Joint Compromise Memo xerox was attached To:

1. The Judicial Magistrate Court No.II, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Amathur Police Station, Virudunagar District.

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

+1CC to M/S.S.Ramasamy, Advocate, SR.No. 60413 Order made in Crl.O.P.(MD) No.7226 of 2017 15.06.2017 rmk/ssl AM/SV MMS/SAR 4/28.06.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/