Aandavar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.(MD) No.3618 of 2016 and Crl.M.P.(MD) Nos.1824 & 1825 of 2016 1.Aandavar 2.Palaniyammal 3.Velvizhi 4.Karthik 5.Kesavan 6.Vignesh Dharma 7.Seenivasan 8.Thangavel Teacher ... Petitioners / Accused 1 to 8 vs.

1. State represented by The Sub-Inspector of Police All Women Police Station Usilampatti Taluk Madurai District ... Respondent / Complainant 2.Shobana ... Respondent / De facto Complainant PRAYER: This petition is filed under Section 482 Cr.P.C., to call for the records relating to the case in C.C.No.230 of 2015, on the file of the District Munsif-cum-Judicial Magistrate Court, Usilampatti, in Crime No.15 of 2015, on the file of the first respondent police and quash the same.

For Petitioner :

Mr.T.Antony Arul Raj For Respondents :

Mrs.S.Prabha, G.A.(Crl.Side) for R1 Mr.T.K.Gopalan for R2

O R D E R

This petition has been filed seeking to quash the case registered in C.C.No.230 of 2015, pending on the file of the

learned District Munsif-cum-Judicial Magistrate Court, Usilampatti, pursuant to the amicable settlement effected between the parties.

2. It is seen that betrothal for the marriage of the fourth petitioner / fourth accused with the second respondent / de facto complainant was held on 18.01.2015.

Thereafter, some misunderstanding arose between them and the fourth petitioner / accused abused the second respondent / de facto complainant in filthy language. On the complaint lodged by the second respondent / de facto complainant, the first respondent Police has registered a case in Crime No.15 of 2015, on 20.03.2015, for offences under Sections 294(b) and 506(i) I.P.C., against the petitioners / accused. After completion of the investigation, the Investigating Officer has filed a charge sheet before the learned District Munsif-cum-Judicial Magistrate Court, Usilampatti, and committal proceedings are pending in C.C.No.230 of 2015. The petitioners 1 and 2 / accused 1 and 2 are parents, third petitioner / third accused is sister and petitioners 5 and 6 / accused 5 and 6 are brothers of the fourth petitioner / fourth accused.

3. Now, it appears that the parties have amicably settled their issues. When this matter is taken up for hearing, the petitioners / accused 1 to 8 and the de facto complainant / second respondent, appeared in person and their identifications were also verified by this Court, in addition to the confirmation of the identity of the parties by the Government Advocate (Crl.Side) through the respondent Police. Learned counsel appearing for the parties also endorsed the identify of their respective parties.

4. The counsel appearing for the petitioners / accused 1 to 8 filed this quash petition along with a Joint Memo of Compromise, dated 11.03.2016, duly stating that since the parties have arrived at an amicable settlement by way of compromise among themselves, the de facto complainant / second respondent has agreed for quashing of the above case pending in C.C.No.230 of 2015 on the file of the learned District Munsif-cum-Judicial Magistrate Court, Usilampatti.

5. Considering the facts and circumstance of the case and also taking into account the joint memo of compromise, dated 11.03.2016, this Court is of the opinion that no useful purpose would be served in keeping the matter pending, as the chance of the witnesses coming forward in support of the prosecution case is very remote. Therefore, the entire proceedings, in C.C.No.230 of 2015, on the file of the learned District Munsif-cum-Judicial Magistrate Court, Usilampatti, in respect of all the accused are hereby quashed.

6. Accordingly, this criminal original petition is allowed on the basis of the compromise entered into between the parties. The

joint memo of compromise, dated 11.03.2016, shall form part of this order. Consequently, connected criminal miscellaneous petitions are closed.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar Encl :

Joint Memo of Compromise - Xerox Copy To

1. The District Munsif-cum-Judicial Magistrate, Usilampatti.

2. The Sub-Inspector of Police, All Women Police Station, Usilampatti Taluk, Madurai District.

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

+1cc to M/s.T.Antony Arulraj, Advocate, Sr.No.18058 +1cc to M/s.P.Thambidurai, Advocate, Sr.No.18048 ssl / krk JM/GSV-PM/SAR-I/26.04.2016/3P-6C Crl.O.P.(MD) No.3618 of 2016 and Crl.M.P.(MD) Nos.1824 & 1825 of 2016 30.03.2016