S.Manmadharaj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6006 of 2021 S.Manmadharaj ... Petitioner Vs.
1.The State of Tamilnadu represented by The Inspector of Police, Courtallam Police Station, Tirunelveli District.
Crime No.467 of 2020 2.M.Madhu Dhivya ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned First Information Report in Crime No.467 of 2020 under Sections 294 (b) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 dated 20.12.2020 on the file of the 1st respondent and quash the same as illegal.
For Petitioner : Mr.I.Pinaygash For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.K.Dinesh O RDER This petition has been filed seeking quashment of the impugned FIR in Crime No.467 of 2020 on the file of the 1st respondent police.
2.The contention of the petitioner is that based upon the complaint given by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.467 of 2020 for the offences punishable under Sections 294(b) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, against the petitioner.
3.The further contention of the petitioner is that he compromised the issue with the 2nd respondent amicably. To that effect, a joint memo of compromise was filed, which has been duly 1/3
signed by the petitioner and the 2nd respondent and also by their respective counsels.
4.The petitioner and the 2nd respondent appeared through video conference from the Office of the Government Advocate (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. 5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 06.01.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.467 of 2020 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.467 of 2020 pending on the file of the 1st respondent police is hereby quashed and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) mm Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. Encl: Xeroc copy of Joint Compromise Memo To The Inspector of Police, Courtallam Police Station, Tirunelveli District.
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Copy to The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
23.08.2021 ES(CO) SB(31.08.2021) 3P 3C 3/3