Tamilvanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.11363 of 2023 Tamilvanan ... Petitioner/ Sole accused Vs.

1.The State rep. by Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

(Crime No.134 of 2022) ... 1st Respondent/Complainant 2.Arthi ... 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the records pertaining to the FIR in Crime No.134 of 2022 on the file of the respondent police station and quash the same. For petitioner : Mr.B. Mahendrarajan For R1 : Mr.B. Nambiselvan Additional Public Prosecutor For R2 : Mr.S. Aravinthasamy 1/4

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime Crime No.134 of 2022 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.134 of 2022 for the offences punishable under Sections 294(b), 323, 506(i) and 427 IPC and Section 4 of TN Prohibition of Harassment of Women Act, against the petitioner.

3. The learned Public Prosecutor would submit that final report already filed before the Court concerned.

4.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels.

5.The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

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6.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 22.06.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.134 of 2022 pending on the file of the 1st respondent police in respect of this petitioner.

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.134 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. In view of the compromise reached between the parties the trial Court be not process the above said final report.

Sd/- Assistant Registrar(CS II) // True Copy // /08/2023 Sub Assistant Registrar(CS) trp Encl: Copy of Joint Compromise Memo.

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To

1. The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

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

Crl.O.P.(MD) No.11363 of 2023 26.06.2023 MGJ(05.08.2023) 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023 4/4