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Madras High CourtCRL OP(MD)/23967/2016allowed

Jeyaraj v. The Inspector Of Police,

2017-01-31Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Crl.O.P.(MD) No.23967 of 2016 Jeyaraj ... Petitioner/sole accused -Vs1. The State through Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

.. 1st respondent/complainant

2. Nithya .. 2nd respondent/defacto complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to accept the affidavit of petitioner and the 2nd respondent as well as the accompanying compromise memo to allow the quash petition and call for the records pertaining to P.R.C.No.32 of 2015 on the file of the Judicial Magistrate Nilakottai, under section 376 (2), (n), 354 and 506(i) IPC in respect of Crime No.5 of 2015 on the file of the 1st respondent and quash the same.

For Petitioner : Mr. K. Sivakumar For R-1 : Mr. K. Anbarasan Government Advocate (Crl. Side) For R-2 : Mr.K.R.Singaravadivel

O R D E R

This petition has been filed by the petitioner seeking to quash the final report in P.R.C.No.32 of 2015 on the file of the Judicial Magistrate Nilakottai.

2. When the matter is taken up for hearing, the petitioner and the second respondent are present along with their counsel 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 (Crl.Side) through the respondent police.

3. Learned counsel appearing for the 2nd respondent would submit that the matter is now compromised out of the Court.

4. Further, both parties filed a joint compromise memo, dated 31.01.2017 stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the second respondent is not willing to proceed with the case in https://hcservices.ecourts.gov.in/hcservices/

P.R.C.No.32 of 2015 on the file of the Judicial Magistrate Nilakottai.

5. Hence, in view of affidavit and memo dated 31.01.207, this Court is of the opinion that no useful purpose would be served in keeping the matter pending.

6. Accordingly, this Criminal Original Petition is allowed and the entire proceedings in P.R.C.No.32 of 2015 on the file of the Judicial Magistrate Nilakottai, is hereby quashed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To:

1.The Judicial Magistrate, Nilakottai.

2.-Do-Thro' The Chief Judicial Magistrate, Dindigul. 3.The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District.

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

+1 cc to Mr. K.SIVAKUMAR, ADVOCATE, SR NO.5204 MAS/SV-MMS:13.02.2017:2P/6C Crl.O.P.(MD) No. 23967 of 2016 31.01.2017 https://hcservices.ecourts.gov.in/hcservices/