G.Vishnuram v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD)No.8152 of 2017 G.Vishnuram : Petitioner -Vs1.The State rep. by, The Sub Inspector of Police, Oomachikulam Police Station, Madurai District.

(Crime No.434 of 2013).

[Now presently transferred to Inspector of Police, Thallakulam Police Station, Madurai City] 2.K.Ashok Kumar : Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code praying to call for the records in C.C.No.142 of 2016 on the file of the Additional Mahila Court (Judicial Magistrate Level), Madurai, in Crime No.434 of 2013 on the file of the first respondent and quash the same as illegal and devoid of merits. For Petitioner : Mr.A.Uthaya Kumar For Respondent No.1 : Mr.K.Anbarasan, Government Advocate (Crl.side) For Respondent No.2 : Mr.K.R.Laxman **********

O R D E R

On the complaint lodged by Ashok Kumar, the first respondent police registered a case in Crime No.434 of 2013 and after completing the investigation, have filed a charge sheet in C.C.No.142 of 2016 before the Additional Mahila Court (Judicial Magistrate Level), Madurai, for offences under Sections 294(b), 323, 506(i) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Women Harassment Act against Vishnuram, challenging which, Vishnuram is before this Court, for quashing the charge sheet on the ground that the parties have arrived at a compromise.

2. The defacto complainant and his wife are present. Vishnuram is also present. They have filed a joint compromise memo dated 24.06.2017, wherein, it is stated as follows: "4. The petitioner submits that the petitioner who is practicing as Advocate before this Hon'ble Court from 2005 onwards and the petitioner and the 2nd respondent are close friends and the said offence was committed by the https://hcservices.ecourts.gov.in/hcservices/

petitioner due to the frustration.

5. The petitioner and the 2nd respondent are close relatives, the 2nd respondent given the complaint under frustration. Now the 2nd respondent realized his mistake and willing to withdraw the criminal case in C.C.No.142 of 2016 on the file of the learned Judicial Magistrate Additional Mahila Court, Madurai.

6. Now the issue has been resolved between the petitioner and the 2nd respondent. Hence both decided to give a quietus so far as the above criminal case is concerned.

7. Hence the petitioner and the 2nd respondent are filing the joint memo in support of their application seeking permission to quash the offences before this Hon'ble Court. This joint memo may be taken as part and parcel of their application to quash the offences after the permission of this Hon'ble Court."

3. In view of the above, 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.142 of 2016 on the file of the Additional Mahila Court (Judicial Magistrate Level), Madurai, in respect of the petitioner/sole accused are hereby quashed. The joint compromise memo dated 24.06.2017 shall form part of this order. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Additional Mahila Court (Judicial Magistrate Level), Madurai.

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

+1cc to Mr.A.UTHAYAKUMAR Advocate in SR. No.63067 +1cc to Mr.K.R.LAXMAN Advocate in SR. No.62624 SML JS/JC/SAR.1/10.07.2017/2P-5C Order made in CRL.O.P.(MD)No.8152 of 2017 Dated: 29.06.2017 (1/2) https://hcservices.ecourts.gov.in/hcservices/