Madras High CourtCRL OP(MD)/10775/2019allowed

Devasigamoni v. The Inspector Of Police

2022-02-23Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.10775 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2022 CORAM :

THE HONOURABLE MR. JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.10775 of 2019 Devasigamoni ... Petitioner Vs.

1.The State Represented by The Inspector of Police, District Crime Branch, Tirunelveli District.

Crime No.28/2016 2.Nazeema

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the case in Crime No.28/2016 on the file of the Inspector of Police, District Crime Branch, Tirunelveli District and quash the same in respect of the petitioner.

For Petitioners : Mr.P.Gunasekaran For Respondents : Mr.B.Nambi Selvan Additional Public Prosecutor for R1 Mr.R.Anand for R2

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.28/2016 on the file of the first respondent Police.

2. Instead of being listed under the caption 'for reporting compromise', the matter is wrongly listed under the caption 'for reporting compliance'.

3. The second respondent / defacto complainant as well as the petitioner/accused are present before this Court in person and they are identified by their respective learned counsels 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 respondent / defacto complainant is not willing to prosecute the case and therefore would pray for quashing the case.

4. The joint compromise memo, duly signed by the petitioner, the second respondent and also by their respective counsels is filed https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10775 of 2019 before this Court. The second respondent / defacto complainant has also stated that the property in dispute has been handed over to her by way of another document. The brother of the defacto complainant, who is present before this Court in person, has also confirmed the same. Since the matter in issue has been compromised between the parties, no purpose will be served in keeping the case pending further.

5. In the result, by recording the compromise, this Criminal Original Petition is allowed and the proceedings in FIR in Crime No.28/2016, on the file of the first respondent police is quashed in respect of the petitioner. The joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) Mbi Enclosed herewith Copy of the Joint Compromise Memo 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, District Crime Branch, Tirunelveli District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.10775 of 2019 23.02.2022 RD(28.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2