← Library
Madras High CourtCRL OP(MD)/13387/2021allowed

M.Sivakumar v. The Inspector Of Police

2021-10-04Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.13387 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.13387 of 2021 1.M.Sivakumar 2.M.Subburam ... Petitioners/Accused 1 & 2 Vs.

1.State:- The Inspector of Police, Srivaikuntam Police Station, Thoothukudi District.

Crime No.222/2021 dated 02.08.2021 ...1st Respondent/Complainant 2.N.Meena ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records relating to the Crime No.222 of 2021 dated 02.08.2021 on the file of the 1st respondent and quash the same in so far as petitioners/accused No.1 and 2 concerned. For Petitioners :Mr.M.R.S.Prabhu For R1 :Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 :Mr.S.Saravanan

ORDER

This petition is filed seeking seeking quashment of Crime No.222 of 2021 on the file of the 1st respondent police. 2.The contention of the petitioners is that based upon the complaint lodged by the 2nd respondent, the 1st respondent registered the case in Crime No.222 of 2021 for the offences punishable under Sections 294(b), 324 and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, 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.

4.The petitioners and the 2nd respondent appeared through video https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.13387 of 2021 conference from the Office of the learned Government Advocate (Crl.Side) before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl.Side) and the Investigation Officer. 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, 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.222 of 2021 pending on the file of the 1st respondent police 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.222 of 2021, pending on the file of the 1st respondent police is hereby quashed and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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.

To 1.The Inspector of Police, Srivaikuntam Police Station, Thoothukudi District.

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

+1 CC to M/s.M.R.S.PRABHU, Advocate ( SR-31443[F] dated 06/10/2021 ) Crl.O.P.(MD)No.13387 of 2021 04.10.2021 KM(CO) KB(22.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2