Madras High CourtCRL OP(MD)/10765/2021allowed

Gururajan v. The Inspector Of Police

2021-09-06Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD)No.10765 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.10765 of 2021 1.Gururajan 2.Bama 3.Amutha @ Amutha Priya 4.Kalidass ... Petitioners Vs.

1.The State Rep.by, The Inspector of Police, All Women Police Station, Madurai Town.

(Crime No.2 of 2021) 2.Mallikadevi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.2 of 2021 on the file of the first respondent police dated 07.01.2021 and quash the same against the petitioners. For Petitioners : Mr.M.Murugesan For Respondents : Mr.R.M.Anbunithi for R1 Additional Public Prosecutor Mr.K.Ramprabhu for R2

ORDER

Heard both sides.

2.This Criminal Original Petition has been filed to quash the First Information Report in Crime No.2 of 2021, on the file of the first respondent police, for the offences punishable under Sections 498(A), 406 and 506 (i) of IPC.

3.The second 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 joint compromise memo stating that the matter in issue between them has been amicably resolved and therefore, the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.10765 of 2021 respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the Crime No.2 of 2021, on the file of the first respondent police.

4. The compromise memo is filed before this Court and the parties are also present at the learned Additional Public Prosecutor office and their identity has also been verified through video conference. The matter in issue has been compromised between the parties. After hearing the parties through Video Conferencing, the second respondent stated that she will not make any claim for maintenance in future to the first petitioner herein. First petitioner has no objection for the custody of the child with the second respondent.

5.In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in Crime No.2 of 2021, on the file of the first respondent police is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) tta Note:(i) 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.

To:

Enclose Joint Compromise Memo.

1.The Inspector of Police, All Women Police Station, Madurai Town 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.10765 of 2021 06.09.2021 RK (27.09.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2