Ravi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8674 of 2017 Ravi ... Petitioner/Sole Accused -Vs1. State rep. by, The Inspector of Police, Thallakulam Police Station, Madurai City, (In Crime No.779 of 2016) ... 1st Respondent/Complainant

2. Deepa ... 2nd Respondent/Defacto Complainant Prayer:Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for records relating to the First Information Report in Crime No.779 of 2016 on the file of the first respondent police and quash the same.

For Petitioner : Mr.G.Karuppasamy Pandiyan.

For R-1 : Mr.K.Anbarasan, Government Advocate(Crl.side).

: Mr.M.Srinivasan for R2.

O R D E R

This Criminal Original petition is filed to call for records relating to the First Information Report in Crime No.779 of 2016 on the file of the first respondent police and quash the same.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the first respondent.

3. The petitioner and the defacto complainant are husband and wife. On the basis of the complaint given by the second respondent/wife, a case was registered against the petitioner in Crime No.779 of 2016 under Sections 294(b), 506(ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

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4. After the complaint, it is stated that there was mediation between the petitioner and the defacto complainant and the parties have entered into a compromise on the advise of elders in their family and others. In the Joint Compromise Memo signed by them, it is indicated that the defacto complainant is not interested in pursuing the above criminal complaint. The parties appeared before this Court and submitted that the Joint Compromise Memo signed by them was on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the parties are also confirmed by the learned Government Advocate(Criminal side) through the concerned police.

5. Since the parties have entered into compromise and agreed that the First Information Report in Crime No.779 of 2016 may be quashed, this Court is of the view that no useful purpose will be served by keeping this matter pending. Hence, on the basis of the compromise memo signed by the parties, the First Information Report in Crime No.779 of 2016 on the file of the first respondent is quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

6. Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, Thallakulam Police Station, Madurai City.

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

+1cc to M/S. G.KARUPPASAMY PANDIYAN, Advocate, SR.No.64510. Crl.O.P.(MD) No.8674 of 2017 11.07.2017 pmu SDS/SKN:RSK/SAR 1/20.07.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/