Madras High CourtCRL OP(MD)/12755/2020allowed

Jayakodi v. The Deputy Superintendent Of Police

2020-11-09Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.12755 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12755 of 2020 1.Jayakodi 2.Pandiyammal 3.Kathiresan ... Petitioners/Accused Nos.1 to 3 Vs.

1.The Deputy Superintendent of Police, Usilampatti Circle, Madurai District.

2.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

Crime No.1359 of 2020.

..Respondents/Complainants 3.Sutha @ Kulanthaiammal ... 3rd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for FIR on the file of the second respondent police in Crime No.1359 of 2020 and quash the same.

For Petitioners : Mr.A.B.Natarajan For R-1 and R-2 : Mr.M.V.Chandrasekaran Government Advocate (Crl. Side) For R-3 : Mr.M.Ramkumar

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.1359 of 2020 filed under Sections 294(b), 427, 506(i) of IPC r/w 3(1)(r), 3(1)(s), 3(2)(Va) of SC/ST (Prevention of Atrocities) Act, 2015, on the file of the second respondent police. 2.The third respondent / defacto complainant as well as the petitioners/ A1 to A3 are present before this Court through video conference and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter in issue has been amicably settled between themselves and therefore, the third respondent/complainant is not willing to prosecute the case and therefore, would pray for quashing the FIR in Crime No.1359 of 2020.

3. The compromise memo is filed before this Court and the parties are also present personally along with their respective https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.12755 of 2020 counsels and the learned Government Advocate (Crl.side) would state that he has verified their identity.

4. In the result, by recording the compromise, the Criminal Original Petition is allowed and the FIR in Crime No.1359 of 2020 on the file of the second respondent police is quashed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) das/msa 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: Xerox copy of Joint Compromise Memo To 1.The Deputy Superintendent of Police, Usilampatti Circle, Madurai District.

2.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

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

+1 CC to Mr.A.B.NATARAJAN, Advocate ( SR-21552[F] dated 09/11/2020 ) Crl.O.P.(MD)No.12755 of 2020 09.11.2020 VB 23.11.2020 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2