A.Vadivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No. 15541 of 2018 and Crl.M.P(MD) Nos.6868 and 6869 of 2018 A.Vadivel ... Petitioner Vs.

1. The State rep by The Inspector of Police All Women Police Station Manapparai Trichy District (Crime No. 9 of 2015)

2. S.Minnalkodi

...Respondents

Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.108 of 2018 on the file of the Judicial Magistrate, Manapparai, Trichy District and quash the same.

For Petitioner : Mr.S.C.Herold Singh For Respondent : Mr.M.Chandrasekaran No.1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the final report filed in C.C.No.108 of 2018 on the file of the learned Judicial Magistrate, Manapparai, Trichy District.

2. The petitioner is the husband and the defacto complainant is the wife. The defacto complainant had given a complaint against the petitioner and the same was registered in crime number 9 of 2015 for offences under Sections 498(A), 406, 506(ii) of IPC. While the investigation was pending, the petitioner and the second respondent entered into compromise in the proceedings pending in M.C.No.5 of 2015 on the file of the Family Court, Trichy. Both the petitioner and the second respondent had filed joint compromise memo dated 20.06.2017and the same has also been signed by both the counsels for either sides and was also received by the Family Court, Trichy. https://hcservices.ecourts.gov.in/hcservices/

3. Based on the above said joint compromise memo, an award came to be passed in Lok Adalath at Trichy on 20.06.2017. The said Lok Adalath award has been passed to the effect that the dispute between the parties has been settled and the award has been passed in terms of settlement in the joint memo filed by the petitioner and the second respondent in the joint memo filed by the parties. In para (2) it has been specifically stated by the second respondent that the complaint that was given against the petitioner which was pending in Crime No. 9 of 2015 is also withdrawn by the second respondent.

4. In view of the award passed in terms of memo of compromise, all the cases between the parties have come to an end. However, the respondent police without knowing about the said fact had proceeded to file final report in this case. No useful purpose will be served in keeping the case pending since the parties have already enterted into compromise and the same is also reflected in the award dated 20.06.2017.

5. In view of the same, this Criminal Original Petition is allowed and the proceedings in C.C.No.108 of 2018 pending on the file of the learned Judicial Magistrate, Manapparai, Trichy District is hereby quashed. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-I) To:

1. The Judicial Magistrate, Manapparai, Trichy District

2. The Inspector of Police All Women Police Station Manapparai, Trichy District

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to Mr.S.C.Herold Singh, Advocate, SR.No.81591 Crl.O.P.(MD)No.15541 of 2018 31.08.2018 AAV ES/SKN/RSK/SAR 1/24.09.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/