Madras High CourtCRL OP(MD)/999/2018disposed of

Kuppusamy v. The Inspector Of Police

2018-02-06Honourable Mr Justice P. Rajamanickam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2018

CORAM

THE HONOURABLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.(MD)Nos.999 and 1000 of 2018 Crl.O.P.(MD) No.999 of 2018 1.Kuppusamy 2.Parvathy 3.Selvam 4.Jeyanthi 5.Muniappan ..Petitioners / Accused Nos.1 to 5 -Vs1. The State Rep. by The Inspector of Police, Gudalur South Police Station, Theni District.

In Crime No.200 of 2017 .. 1st Respondent/ Complainant 2.Veerusikkammal .. 2nd Respondent/ Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.200 of 2017 on the file of first respondent police and quash the same.

For Petitioners : Mr.S.M.Suresh Kumar For R-2 : Mr.K.Safar Badhusha For R-1 : Mr.A.P.G. OHM Chairma Prabhu Government Advocate (crl side) Crl.O.P.(MD) No.1000 of 2018 1.Krishnamoorthy 2.Saroja 3.Virusikkammal ..Petitioners/Accused 1 to 3 -Vs1. State Rep. by The Inspector of Police, Gudalur South Police Station, Theni District.

In Crime No.199 of 2017 ..1st Respondent/Complainant 2.Kuppusamy ..2rd Respondent/ Defacto Complainant

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.199 of 2017 on the file of first respondent police and quash the same.

For Petitioners : Mr.K.Safar Badhusha For R-2 : Mr.S.M.Sureshkumar For R-1 : Mr.A.P.G. OHM Chairma Prabhu Government Advocate (crl side) COMMON ORDER These Criminal Original petitions in Crl.OP(MD)Nos.999 and 1000 of 2018 have been filed to quash in Crime Nos.200 and 199 of 2017 on the file of the first respondent police, as against the petitioners.

2.Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent. 3.The petitioners in Crl.OP(MD)No.999 of 2018 are the accused Nos.1 to 5 in Crime No.200 of 2017 and similarly the petitioners in Crl.OP(MD)No.1000 of 2018 are the accused Nos.1 to 3 in Crime No.199 of 2017. The third petitioner in Crl.OP(MD) No.1000 of 2018 is the de-facto complainant in Crl.OP(MD) No.999 of 2018 and similarly the first petitioner in Crl.OP(MD)No.999 of 2018 is the de-facto complainant in Crl.OP(MD) No.1000 of 2018. 4.The complaint in Crime No.200 of 2017 was registered for the offences punishable under Sections 147, 447, 294(b) and 506(ii) IPC, on the file of the first respondent police. Similarly, the complaint in Crime No.199 of 2017 was registered for the offences punishable under Sections 294(b) and 506(ii) IPC and Section 4 of Tamil Nadu Prohibition from Women Harassment Act and Sections 3

(1) (r), 3 (1) (s), 3 (2) (Va) SC/ST (POA) Amendment Act 2015, on the file of the first respondent police.

5.It appears that at the advise of the elders and friends, the petitioners and second respondent in both the cases have agreed to compromise the matter, out of Court. A Joint Compromise Memos, dated 10.01.2018, are also filed to that effect. As per the Joint Compromise Memos, the de-facto complainant, namely, the second respondent, in both cases, have given their consent to quash the First Information Reports in Crime Nos.200 and 199 of 2017. 6.The parties appeared before this Court and expressed in unequivocal terms that they have signed in the Joint Compromise Memos on their own will and volition. The identities of the parties are verified with reference to the authenticated documents produced by the parties before this Court. The identities of the

parties are also confirmed by the learned Government Advocate through the first respondent police.

7.Having regard to the agreement made between the parties, this Court is of the view that no useful purpose will be served by keeping these matters pending. As per the Compromise Memos signed by the parties, the de-facto complainant, namely, the second respondent in both cases have agreed to quash the First Information Reports in Crime Nos.200 and 199 of 2017. Hence the First Information Reports in Crime Nos.200 and 199 of 2017, on the file of the first respondent, namely, the Inspector of Police, Gudalur South Police Station, Theni District, are quashed in toto and the Joint Compromise Memos signed by the parties shall form part of the order.

8. Accordingly, these Criminal Original petitions are allowed. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar Xerox copy of Joint Compromise Memos To

1. The The Inspector of Police, Gudalur South Police Station, Theni District.

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

+2cc to Mr.K.Safar Badhusha, Advocate Sr.No.47032,47033 CP/TM VB/KKR/SAR3/01.03.2018/3P/5C Crl.O.P.(MD)Nos.999 and 06.02.2018