Madras High CourtCRL OP(MD)/7128/2016allowed

M.Amithkanna v. The Inspector Of Police

2016-11-03Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.7128 of 2016 1.M.Amithkanna 2.B.Marithairani 3.T.K.Mani 4.B.Santhanalakshmi .. Petitioners/Accused Nos.1 to 4 -Vs1.State represented by The Inspector of Police, All Women Police Station, Tallakulam, Madurai-2.

(Crime No.5 of 2016) ... 1st Respondent/Complainant 2.Rathimeena ... 2nd Respondent/Defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records pertaining to F.I.R. in Crime No.5/2016 on the file of the first respondent herein and quash the same.

For Petitioners : Mr.L.Shaji Chellan For Respondents : Mr.K.Anbarasan Govt. Advocate (Crl.Side) for R.1 : Mr.R.Anand for R.2

O R D E R

This petition has been filed to call for the records pertaining to F.I.R. in Crime No.5/2016 on the file of the first respondent herein and quash the same.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for the second respondent.

3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in Cr.No.5 of 2016 for offences under Sections 498 (A), 294(b) and 506(i) I.P.C. on the file of the first respondent. The said F.I.R. is challenged before this Court. https://hcservices.ecourts.gov.in/hcservices/

4. When the matter was called on 24.10.2016 both the petitioners as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They also filed a joint compromise memo dated 22.04.2016 duly signed by both parties and counter signed by their respective Counsel. The learned Counsel for the second respondent also has no objection to quash the proceedings in Cr.No.5 of 2016. They would also further submit that the petitioners are ready to donate Rs.20,000/- to Harijan Sevak Sangh.

5. In view of the above, this Court directed the parties to pay Rs.20,000/- to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memoral Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, the receipt has been filed. In view of the statements made by the parties and the joint compromise memo filed by them, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned proceedings in Cr.No.5 of 2016, on the file of the first respondent is hereby quashed and the Criminal Original Petition is allowed. The compromise memo dated 22.04.2016 shall form part of the order. Sd/- Assistant Registrar(CS II) /True copy/ Encl:Xerox copy of Compromise memo Sub Assistant Registrar To:

1. The Inspector of Police, All Women Police Station, Tallakulam, Madurai-2.

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

+1cc to Mr.L.Shaji Chellan, Advocate SR.No.65478 ssl sm:MPA:SAR 1:04/11/2016:2P/4C Crl.O.P.(MD) No.7128 of 2016 03.11.2016 https://hcservices.ecourts.gov.in/hcservices/