Muthupandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.03.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.(MD)No.23840 of 2016 and Crl.M.P.(MD)Nos.12608 and 12609 of 2016 1.Muthupandi 2.Subramanian 3.Ramu 4.Suresh 5.Saranya : Petitioners Vs.
1.The Inspector of Police, Manamadurai All Women Police Station, Manamadurai, Sivagangai District.
(Crime No.43 of 2015).
2.Kanimozhi : Respondents Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records relating to the Charge Sheet in C.C.No.229 of 2016 on the file of the learned Additional District Munsif -cum- Judicial Magistrate, Manamadurai and quash the same.
For Petitioners : Mr.V.Kannan For Respondent No.1 : Mr.K.Anbarasan, Government Advocate (Crl.side) For Respondent No.2 : Mr.R.Balakrishnan *******
O R D E R
On the complaint lodged by the second respondent-Kanimozhi, the first respondent police registered a case in Crime No.43 of 2015 and after completing the investigation, has filed a final report in C.C.No.229 of 2016, before the learned Additional District Munsif -cum- Judicial Magistrate, Manamadurai, for offences under Sections 498(A) of the Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act against the petitioners herein, for quashing which, the accused
and the defacto complainant are before this Court on the ground that they have arrived at a compromise.
2. Today, when the matter was taken up for hearing, M/s.G.Amirtham, Sub-Inspector of Police, Manamadurai All Women Police Station, Sivagangai District, is present in Court. The defacto complainant is present and the accused are also present and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the learned Government Advocate (Criminal side) through M/s.G.Amirtham, Sub-Inspector of Police, Manamadurai All Women Police Station, Sivagangai District.
3. The petitioners and the second respondent have filed a joint compromise memo dated 15.03.2017, in which, it has been stated as follows:
"(A) Both parties admitted that the 1st petitioner handed over all the Jewels and house hold articles to the 2nd respondent.
(B) Both parties admitted that the 2nd respondent received a sum of Rs.25,000/- from the 1st petitioner as case expenses.
(C) The 2nd respondent agrees to withdraw the entire criminal case in C.C.No.229 of 2016 on the file of the Additional District Munsif -cum- Judicial Magistrate, Manamaurai in Crime No.43 of 2015 on the file of the Inspector of Police, Manamadurai All Women Police Station."
4. In view of the compromise memo dated 15.03.2017, 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.229 of 2016, pending on the file of the learned Additional District Munsif -cum- Judicial Magistrate, Manamadurai, in respect of all the accused are hereby quashed. The compromise memo dated 15.03.2017 shall form part of this order. However, the petitioners are directed to pay a sum of Rs.500/- (Rupees Five Hundred only) each, to the Curator, Gandhi Museum, Madurai, within a period of two weeks from today. Consequently, the connected miscellaneous petitions are closed.
5. Post the matter on 05.04.2017 "for reporting compliance".
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar
Herewith Compromise Memo xerox copy was attached To 1.The Additional District Munsif -cum- Judicial Magistrate, Manamadurai.
2.The Inspector of Police, Manamadurai All Women Police Station, Manamadurai, Sivagangai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Curator, Gandhi Museum, Madurai.
Order made in CRL.O.P.(MD)No.23840 of 2016 Dated:- 16.03.2017 SML AM/RR/SAR-3/03.04.2017/3P/5C