Arockiadas v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.7800 of 2017 1.Arockiadas 2.Anthoniammal 3.Leema Rose : Petitioners/Accused Nos.2 to 4 -vs1.State Rep. by Inspector of Police, Thiruverumbur All Women Police Station, Thiruverumbur, Trichy City.
(Crime No.21/2010) : Respondent/Complainant 2.Preethi Jenifer : Respondent/ Defacto complainant Prayer: Petition is filed under Section 482 of Code of Criminal Procedure, to call for the entire records and quash the entire proceedings in C.C.No.97 of 2014 on the file of Additional Mahila Court, Trichy, against the petitioners.
For Petitioner : Mr.T.Senthil Kumar For Respondents : Mr.K.Anbarasan for R1 Government Advocate (Criminal Side) Mrs.M.Baby Sudha for R2
O R D E R
For the sake of convenience the parties are referred to by their name. Preethi Jenifer got married to Devanesan on 18.12.2008 and their marriage ran into rough weather. On a complaint lodged by Preethi Jenifer, the respondent police have registered a case in Crime No.21 of 2010 and after completing the investigation, they have filed the charge sheet in C.C.No.97 of 2014 before the learned Additional Mahila Court, Trichy for the offence under Sections 498(A), 294(b) and 406 IPC against Devanesan and 4 others, for quashing which, this application has been filed on the ground that parties have arrived at a compromise. 2.Today, when the matter was taken up for hearing, Mrs.R.Hemalatha, Inspector of Police, All Women Police Station, Thiruverumbur, Trichy City, is present. Both the petitioners and the second respondent 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 https://hcservices.ecourts.gov.in/hcservices/
Government Advocate (Criminal side) through Mrs.R.Hemalatha, Inspector of Police, All Women Police Station, Thiruverumbur, Trichy City.
3. The petitioners and the second respondent have filed a joint compromise memo dated 01.06.2017, wherein, they have stated as follows:
"2.It is submitted that after intervention of elder members in the family both the petitioners and 2nd respondent compromise their issue between them through out of Court. Therefore 2nd respondent agreed to receive a sum of Rs.8,00,000/- (Rupees Eight Lakhs) as one time settlement
3. In view of compromise arrived between the parties, the 2nd respondent is not willing to prosecute the case against any of the accused, i.e., petitioners as well as 1st accused namely Devanesan and 5th accused namely Christopher in C.C.No.97 of 2014 on the file of the learned Additional Mahila Court, Trichy District." 4.In view of the joint memo of compromise dated 01.06.2017, 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 C.C.No.97 of 2014 on the file of the Additional Mahila Court, Trichy against all the accused including those who are not before this Court, are hereby quashed on condition that the petitioners shall pay a sum of Rs.500/- (Rupees Five hundred only) each (Totally Rs.500/- x 3 = Rs.1,500/- (Rupees One Thousand five hundred 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 01.06.2017 shall form part of this order. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar (*)MEMO OF COMPROMISE XEROX COPY IS ENCLOSED HEREWITH To:
1. The Additional Mahila Court, Trichy 2.The Curator, Gandhi Museum, Madurai Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai +One cc to Mr.T.Senthil Kumar, Advocate, SR.No.62120 jikr RL/5C/2P/MR/KKR/SAR1/10/7/2017 Order made in Crl.O.P.(MD) No.7800 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 27.06.2017