Madras High CourtCRL OP(MD)/17182/2021allowed

Albert v. The Inspector Of Police

2021-11-18Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17182 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17182 of 2021 1.Albert 2.Baby 3.Kala ... Petitioners/Accused No 1 to 3 Vs.

1.The State rep by The Inspector of Police, All Women Police Station, Kuzhithurai, Kanyakumari District. ...1st Respondent/Complainant 2.R.Thresa Angel ...2nd Respondents/Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the FIR in Crime No.9 of 2019 on the file of the Inspector of Police, All Women Police Station, Kuzhithurai, Kanyakumari District and quash the same.

For Petitioners : Mr.F.Deepak For Respondents : Mr.T.Senthil Kumar, Additional Public Prosecutor for R1.

O R D E R

This criminal original petition has been filed to quash the impugned FIR in Crime No.9 of 2019 registered on the file of the first respondent for the offences under Sections 498(A), 406 and 294 (b) of IPC and Sections 4 and 6 of Dowry Prohibition Act, 1961. 2.The defacto complainant/R.Thresa Angel is present before this Court in person. She has been duly identified by Mrs.K.Baubynasuki, WHC 2839 attached to first respondent police station. The parties have filed a joint compromise memo dated 18.11.2021. The defacto complainant informed the Court that the petitioners have acted in terms of the joint compromise memo and the defacto complainant received a demand draft for a sum of Rs.4,00,000/- before this Court. The defacto complainant categorically states before this Court that she does not want to pursue the complaint. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The impugned FIR https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17182 of 2021 is quashed. The Criminal Original Petition is allowed. The memo of joint compromise will form part of the order. Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, All Women Police Station, Kuzhithurai, Kanyakumari District.

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

+1 CC to M/s.F. DEEPAK, Advocate ( SR-35130[F] dated 19/11/2021 ) Crl.O.P(MD)No.17182 of 2021 18.11.2021 KB(01.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2