Muthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.OP(MD)No.12142 of 2021 1.Muthu 2.Aarthi 3.K.Arunkumar 4.Kalidoss 5.Latha ... Petitioners/Accused Nos.1 to 5 vs.

1.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

(Crime No.90 of 2021) ... Respondent/Complainant 2.Kamalakannan ... Respondent /Defacto Complainant 3.Annalakshmi ... Respondent /Victim PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.90 of 2021, on the file of the respondent police and consequently accept the compromise arrived at between both the accused and the defacto complainant to compound the case and quash the same. For Petitioners : Mr.M.Mahendra Prabhu For R1 : Mr.K.Sanjai Gandhi Government Advocate(Criminal Side) For R2 & R3 : Mr.S.Sibi

O R D E R

This petition has been filed to quash the Crime No.90 of 2021, pending on the file of the Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

2.The contention of the petitioners and the respondents 2 & 3 is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.90 of 2021 for the offences punishable under Sections 147, 294 (b), 341, 323, 506(2) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002, against the petitioners. 1/3

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

4.The petitioners and the respondents 2 & 3 appeared through video conference from the office of the learned Government Advocate (Criminal side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.Assan Sikkandar, Special Sub-Inspector of Police, Virudhunagar East Police Station, Virudhunagar District. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.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 05.08.2021, 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.90 of 2021, pending on the file of the Inspector of Police, Virudhunagar East Police Station, Virudhunagar District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.90 of 2021, pending on the file of the Inspector of Police, Virudhunagar East Police Station, Virudhunagar District, is hereby quashed and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar(T & P) // True Copy // / /2021 Sub Assistant Registrar(CS) ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

dss 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. 2/3

To 1.The Inspector of Police, Virudhunagar East Police Station, Virudhunagar District.

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

Crl.OP(MD)No.12142 of 2021 31.08.2021 SR(CO) TR(06.09.2021) 3P 3C 3/3