Hilbert v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.20799 of 2016 1.Hilbert 2.Venkatachalam @ Nirmalraj 3.Florence : Petitioners/A1 to A3 -vs1.State rep. By The Inspector of Police, All Women Police Station, Tirupparankundram, Madurai District. : 1st respondent/Complainant (in Crime No.42/2014) 2.Priyadharshini : 2nd respondent/De-facto Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records pertaining to the FIR in Crime No.42 of 2014, dated 07.05.2014 under Sections 498(A), 406, 506(i) of IPC and Section 4 of TNPHW Act, on the file of the 1st respondent and quash the same as illegal and pass such further orders.

For Petitioners : Mr.M.Maran For 1st Respondent : Mr.P.Kannithevan Govt. Advocate (Crl.Side) For 2nd Respondent : Mr.S.Lenin Prabu

O R D E R

This petition has been filed under Section 482 Cr.P.C., praying to call for the records relating to the FIR in respect of Crime No.42 of 2014, under Sections 498(A), 406, 506(i) IPC and Section 4 of TNPHW Act, on the file of the 1st respondent and quash the same.

2.Today when the matter is taken up for hearing in the morning, the petitioners/A1 to A3 and the de-facto complainant along with their counsel appeared in person. They have filed a https://hcservices.ecourts.gov.in/hcservices/

joint Memorandum of compromise stating that the matter has already been compromised between the parties and the de-facto complainant has no objection to quash the entire proceedings in connection with the Crime No.42 of 2014 on the file of the 1st respondent police for the offences under Sections 498(A), 406, 506(i) IPC and Section 4 of TNPHW Act stating that the disputes have been settled between them. The learned counsel appearing for the petitioners would submit that the petitioners are willing to denote Rs.5,000/- to Rojavanam Homeless & Aged Care Centre, Melur Road, Uthankudy, Madurai.

3.In view of the above, this court directed the petitioners to pay Rs.5,000/- to Rojavanam Homeless & Aged Care Centre, Melur Road, Uthankudy, Madurai and also this court dispensed with the appearance of the parties.

4.In the afternoon, when the matter is called, the receipt has been filed. In view of the statement made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

5.In view of that, this petition is allowed and the entire proceedings in respect of Crime No.42 of 2014 on the file of the 1st respondent, is quashed. The joint compromise memo shall form part of the record.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To, Encl:Here in enter the Joint Compromise Memo Xerox copy enclosed: 1.The Inspector of Police, All Women Police Station, Tirupparankundram, Madurai District.

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

3 The Officer Incharge, Rojavanam Homeless & Aged Care Centre, Melur Road, Uthankudy, Madurai +1 cc to Mr.M.Maran, Advocate Sr.NO.65380 Crl.O.P.(MD) No.20799 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 02.11.2016 SMA/CK/14.11.2016:2P/5C