Madras High CourtCRL OP(MD)/13223/2020allowed

Subbammal v. The Sub Inspector Of Police

2020-11-30Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.13223 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13223 of 2020 1)Subbammal 2)Murugan ... Petitioners/Accused Nos.1 & 2 vs.

1)The State rep. by, The Sub Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.

[Crime No.41 of 2016] ...1st Respondent/Complainant 2)Thanalakshmi ...2nd Respondents/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in connection with Crime No.4l of 2016 on the file of the Sub Inspector of Police, Palavoor Police Station, Palavoor,Tirunelveli District and subsequently quash the same on the ground of compromise forthwith.

For Petitioners : Mr.S.Palani Velayutham For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.M.Nambumarimuthu

O R D E R

This Criminal Original Petition has been filed to call for the records in connection with Crime No.4l of 2016 on the file of the Sub Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District and quash the same on the ground of compromise. 2.The 2nd respondent / defacto complainant, as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the 2nd respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioners would pray for quashing the FIR in Crime No.41/2016 on the file of 1st respondent police.

3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.13223 of 2020 compromise.

4.In the result, by recording the compromise, the Criminal Original Petition is allowed and the FIR in Crime No.4l of 2016 on the file of the 1st respondent police, is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) bala Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

Encl: Photocopy of the Joint Compromise memo. To 1)The Sub Inspector of Police, Palavoor Police Station, Palavoor, Tirunelveli District.

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

+1 CC to M/s Mr.S.Palani Velayutham,Advocate,in SR.No.23448 of 2020. ORDER MADE IN Crl.O.P.(MD)No.13223 of 2020 DATED : 15.12.2020 (SSS)CO AP(05/01/2021) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2