Kalimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Kalimuthu . .. Petitioner/Sole Accused Vs.

1.State rep. by The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.341/2017) ... 1stRespondent/Complainant 2.Veerachinnammal ... 2 nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the FIR in Crime No.341 of 2017 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.Chandrapandi.V For Respondents : Mr.B.Nambiselvan for R1 Additional Public Prosecutor Mr.M.Karthick for R2 1/5

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.341 of 2017 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.341 of 2017 for the offences punishable under Sections 294(b), 323, 379 of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, against the petitioner. 3.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. 4.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 2/5

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 petitioner 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 and inclined to quash all further proceedings in Crime No.341 of 2017 pending on the file of the 1st respondent police in respect of this petitioner. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.341 of 2017, 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.

26.06.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.State rep. by The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.641/2017) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN ,J.

TM 26.06.2023 5/5