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Madras High CourtCRL OP(MD)/9742/2017allowed

M.Senthilkumar, v. The Inspector Of Police,

2017-07-27Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.9742 of 2017 M.Senthilkumar ... Petitioner/Sole Accused -Vs1. The State Represented by The Inspector of Police, Tirumangalam Taluk Police Station, Madurai District.

(Crime No.202 of 2017 ... 1st Respondent/Complainant

2. R.Jeyanthi ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Code of Criminal Procedure, to call for records and quash the First Information Report in Crime No.202 of 2017, dated 27.06.2017, on the file of the Inspector of Police, Tirumangalam Taluk Police Station, Madurai District, pursuant to the compromise arrived at by the parties.

For Petitioner :

Mr.A.Ananda Raj For R-1 :

Mr.K.Anbarasan, Government Advocate(Crl.side).

For R-2 : Mr.R.Shankar Ganesh

O R D E R

This Criminal Original petition is filed for quashing the First Information Report in Crime No.202 of 2017, dated 27.06.2017, on the file of the Inspector of Police, Tirumangalam Taluk Police Station, Madurai District, pursuant to the compromise arrived at by the parties.

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

3. On the basis of the complaint lodged by the second respondent, a case was registered against the petitioner/sole accused by the first respondent in Crime No.202 of 2017, dated https://hcservices.ecourts.gov.in/hcservices/

27.06.2017, for the alleged offences under Sections 294(b), 324, 506 (ii) of I.P.C., and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

4. After the registration of the criminal case, the parties appeared to have settled their dispute amicably out of Court and filed the present petition on the basis of the Joint Compromise Memo signed by the parties. As per the Joint Compromise Memo, it appears that the parties are relatives and the dispute among them were amicably settled. Having regard to the settlement, it was also stated by the second respondent that she is not interested in pursuing the above criminal case.

5. The parties appeared today before this Court and expressed in unequivocal terms that the Compromise Memo, dated 24.07.2017, signed by them was on their own free will and volition. The identity of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identity of the parties are also confirmed by the learned Government Advocate (Criminal side) through the first respondent police.

6. Having regard to the terms of the Joint Compromise Memo, this Court is of the view that no useful and fruitful purpose will be served by keeping this matter pending. Hence, the Criminal Original petition is allowed and on the basis of the Compromise Memo signed by the parties, the First Information Report in Crime No.202 of 2017, dated 27.06.2017, on the file of the first respondent police is quashed in toto and the Joint Compromise Memo signed by the parties shall form part of the order.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar Encl.: Xerox copy of Compromise Memo To

1. The Inspector of Police, Tirumangalam Taluk Police Station, Madurai District.

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

+ 1 CC TO Mr.A.ANANDRAJ, ADVOCATE IN SR No. 27388 PMU TE/KP/SAR-II : 03/08/2017 : 2P/4C Crl.O.P.(MD) No.9742 of 2017 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/