Madras High CourtCRL OP(MD)/7366/2017allowed

Rajathi v. The Inspector Of Police,

2017-06-27Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)Nos.7366 and 7367 of 2017 Crl.O.P(MD) No.7366 of 2017 1.Rajathi 2.Sudhaharan 3.Rajakumaran 4.Surya 5.Sivasamy : Petitioners /Accused No.1 to 5 Vs.

1.The State Represented by The Inspector of Police, Elumalai Police Station, Madurai District.

(Cr.No.159/2017) : Respondent /Complainant 2.Kasimayan : Respondent/Defacto-Complainant PRAYER:Petition filed under Section 482 of the Criminal Procedure Code to call for the records relating to F.I.R. in Crime No.159 of 2017, dated 27.04.2017, on the file of the Inspector of Police, Elumalai Police Station, Madurai District and quash the same as against the petitioners.

For Petitioners : Mr.D.Ramesh Kumar For Respondents: Mr.K.Anbarasan Government Advocate (Crl.side) for R.1 : Mr.M.Karunanithi for R.2 Crl.op.(MD)No.7367 of 2017 1.R.Vasanth 2.Kasimayan 3.Murugesan 4.Chinnammal 5.Chinnakaruppi 6.Subbuthai : Petitioners/Accused No.1 to 6 -Vs1. The State Represented by its, The Inspector of Police, Elumalai Police Station, Madurai District.

(Cr.No.159 of 2017) :Respondent/Complainant

2. Rasathi : Respondent/Defacto Complainant

PRAYER:Petition is filed under Section 482 of the Criminal Procedure Code to call for the records relating to F.I.R. in Crime No.160 of 2017, dated 27.04.2017, on the file of the Inspector of Police, Elumalai Police Station, Madurai District and quash the same as against the petitioners.

For Petitioners : Mr.M.Karunanithi For Respondents : Mr.K.Anbarasan Government Advocate (Crl.side) for R1.

: Mr.D.Ramesh Kumar for R2 COMMON ORDER On the complaint lodged by Kasimayan, the respondent police registered a case in Cr.No.159 of 2017 on 27.04.2017 for the offences under Sections 147, 294(b), 323 and 506(ii) I.P.C., against Rajathi and four others.

2. On the complaint of Rajathi, the respondent police registered a case in Cr.No.160 of 2017 on 27.04.2017 for the offences under Sections 147, 294(b), 323 and 506(ii) I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act, 2002 against Kasimayan and five others.

3. Since the parties have entered compromise, they have filed the present petitions for quashing the F.I.Rs. 4.Today, when the matter was taken up for hearing, Mr.S.Ayyanar, Special Sub-Inspector of Police, Elumalai Police Station 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. S.Ayyanar, Special Sub-Inspector of Police, Elumalai Police Station.

5. The petitioners and the second respondent in both petitions have filed a joint compromise memo dated 09.06.2017, wherein, they have stated as follows:

"It is submitted that due to intervention of the village elders, the defacto-complainant and the Petitioners settled their disputes amicably."

6. In view of the joint memo of compromise dated 09.06.2017, this Court is of the opinion that no useful purpose would be served in keeping the matters pending.

7.Accordingly, both the Criminal Original Petitions are allowed on the basis of the compromise entered into between the parties and the entire proceedings in Cr.Nos.159 and 160 of 2017 on the file of the first respondent police are hereby quashed on

condition that the petitioners shall pay a sum of Rs.200/- (Rupees Two Hundred only) each (Totally Rs.200/- x 11 = Rs.2,200/- (Rupees Two Thousand and Two Hundred only) as cost to the Tamil Nadu Legal Services Committee attached to this Bench 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 09.06.2017 shall form part of this order.

Sd/- Assistant Registrar(CRL.SIDE) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Elumalai Police Station, Madurai District.

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

3. Tamil Nadu Legal Service Committee, Madurai Bench of Madras High Court, Madurai.

(Compromise memo enclosed) CRL.O.P.(MD)Nos.7366 and 7367 of 2017 27.06.2017 ssl SDS/SKN:RSK/SAR 3/04.07.2017/3P/4C