Madras High CourtCRL OP(MD)/13941/2020allowed

Pandiyaraja v. The Inspector Of Police

2020-12-03Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.13941 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13941 of 2020 1.Pandiyaraja 2.Jothiammal 3.Pandi 4.Kavitha 5.Kamaraj 6.Vadivelan 7.Aishwarya .. Petitioners/ Accused Nos.1 to 7 Vs.

1. The State rep. by The Inspector of Police, All Women Police Station, Theni, Theni District.

Crime No.31 of 2019 .. Respondent No.1/ Complainant

2. Sowmiya .. Respondent No.2/Defacto Complainant PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records of FIR in Crime No.31 of 2019 on the file of the first respondent Police station and quash the same as illegal.

For Petitioners : Mr.M.Maharaja For R1 : Mr.V.Neelakandan Additional Public Prosecutor For R2 : Mr.K.Gowtham

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.31 of 2019 on the file of the first respondent police.

2.The second respondent / defacto complainant, as well as the petitioners/accused are present before this Court and they are identified by the respective learned counsel and both the parties have filed a joint compromise memo stating that the matter has been amicably resolved between themselves and the second respondent / defacto complainant is not willing to prosecute the complaint and therefore, the petitioner would pray for quashing the FIR in Crime No.31 of 2019 pending on the file of the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.13941 of 2020 3.The compromise memo is filed before this Court and the parties along with their respective counsel are also personally present before this Court today (18.12.2020) and the defacto complainant has represented before this Court that the matter has been settled amicably between the parties. The learned Additional Public Prosecutor who was present in the Court had also verified their identity and would state that he has no objection for the above compromise.

4.In the result, by recording the compromise, this Criminal Original Petition is allowed and the FIR in Crime No.31 of 2019 pending on the file of the first respondent police, is quashed. The joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) Rm Enclose: Xerox Copy of 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, All Women Police Station, Theni, Theni District.

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

+4 CC to Mr.M.MAHA RAJA, Advocate (SR-26524[F] dated 21/12/2020) Crl.O.P.(MD)No.13941 of 2020 DATED : 18.12.2020 SS(CO) CS(31.12.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2