Senthilkumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.7567 of 2017 Senthilkumar : Petitioner -vs1. The State rep. by the Inspector of Police, All Women Police Station, Palani, Dindigul District in Crime No.17 of 2016 2.Nageswari : Respondents Prayer: Petition is filed under Section 482 of Code of Criminal Procedure praying to accept the affidavit and quash the chargesheet in C.C.No.303 of 2016 on the file of the Judicial Magistrate, Palani.

For Petitioner : Mr.P.Chellapandian For Respondent No.1 : Mr.K.Anbarasan Government Advocate (Crl. side) For Respondent No.2 : Ms.Nageswari Party-in-Person

O R D E R

On the complaint lodged by one Nageswari/2nd respondent, the first respondent police registered a case in Crime No.17 of 2016 and after completing the investigation, has filed a final report in C.C.No.303 of 206, before the learned Judicial Magistrate Palani, for offences under Sections 498(A) and 109 of the Indian Penal Code against the petitioner, challenging which, the accused and the defacto complainant are before this Court for quashing the proceedings in C.C.No.303 of 2016 against the petitioner on the ground that they have arrived at a compromise.

2. Today, when the matter is taken up for hearing, Ms.S.Annakkili, Inspector of Police, All Women Police Station, Palani, is present in Court. The defacto complainant is present and the accused are also present 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 (Criminal side) through Ms.S.Annakili, Inspector of Police, All Women Police Station, Palani.

3. The petitioner and the second respondent have filed a joint compromise memo dated 09.06.2017, in which, it has been stated as follows:

"2.It is submitted that in these circumstances, the 2nd respondent proposed to settle the cae amicably and as such they had a talk to each other. As a result of which, they decided to settle the case amicably. In this regard a separate memorandum of understanding dated 07.06.2017 came to the executed between them. As per the said deed, the petitioner agreed to pay a lump-sum settlement of Rs.3,00,000/- to the 2nd respondent. Accordingly, the 2nd respondent received Rs.3,00,000/- from the petitioner. On the strength of the compromise deed, the petitioners filed the above petition to quash the chargesheet. The petitioner and the 2nd respondent filed their affidavit respectively.

It is therefore prayed that this Hon'ble Court may be pleased to accept this memo and quash the chargesheet in C.C.No.303 of 2016 on the file of the Judicial Magistrate, Palani."

4. In view of the joint compromise memo dated 09.06.2017, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, this petition is allowed and the entire proceedings in C.C.No.303 of 2016, pending on the file of the learned Judicial Magistrate, Palani, in respect of all the accused, including the accused, who are not before this Court, are hereby quashed. The joint compromise memo dated 09.06.2017 shall form part of this order. However, the petitioner is directed to pay a sum of Rs.500/- (Rupees five hundred only), to Rojavanam, Homeless and Aged Care Centre, Melur Road, Uthangudi, Madurai, within a period of two weeks from today. Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate, Palani.

2.The Chief Judicial Magistrate, Dindigul.

3.The Inspector of Police, All Women Police Station, Palani.

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

5.The Officer- in-Charge, Rojavanam, Homeless and Aged Care Centre, Melur Road, Uthangudi, Madurai.

+1 cc to Mr.P.Chella Pandian , Advocate in SR.No. 61342 +1 cc to Ms.Nageswari , Party in Person, in SR.No. 61400 RR AE/SKN RSK/SAR3/03.07.2017/3P/8C Order made in Crl.O.P.(MD) No.7567 of 2017 Dated: 21.06.2017