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Madras High CourtCRL OP(MD)/7459/2023allowed

Arun v. The Inspector Of Police

2023-06-15Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.7459 of 2023

1. Arun

2. Sanga Reddy

3. Kalai Selvi

4. Mugilan

5. Rajavelu ... petitioners / Accused Nos.1 to 5 Vs.

1.The Inspector of Police, Aruppukottai AWPS, Virudhunagar District.

Crime No. 14 of 2021.

...1st Respondent/Complainant

2. Deepika Lakshmi ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in Crime No.14 of 2021 u/s 498(a), 354(a), 406, 109 of IPC and section 4 of Dowry Prohibition Act 1961 dated 08.09.2021 on the file of 1st respondent quash the same.

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For petitioners : Mr. Azagarsamy.A.K For R1 : Mr.S.Manikandan Government Advocate(Crl.side) For R2 : Mr.P.Surya O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.14 of 2021 dated 08.09.2021 the file of the 1st respondent Police.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.14 of 2021 for the offences punishable under Sections 498(A), 354A, 406, 109 of IPC and 4 of TNPWH Act against the petitioners.

3. The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 2/5

4. The matter was already heard. For appearance of the parties and for confirming the payment of maintenance amount, the matter is listed today. The petitioners and the second respondent are present before this Court and stated that totally Rs.7,00,000/- was received by the defacto complainant from the first accused towards maintenance amount.

5. The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

6. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 20.04.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.14 of 2021 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded. 3/5

8. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.14 of 2021, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 15.06.2023 NCC:Yes/No Index : Yes/No Internet : Yes/No Indu To 1.The Inspector of Police, Aruppukottai AWPS, Virudhunagar District.

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

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G.ILANGOVAN. J.

Indu 15.06.2023 5/5