Vasiyammal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA Crl.OP(MD)No.15502 of 2020 1.Vasiyammal 2.Arun @ Vasimalaikannan 3.Ganesan ... Petitioners/Accused 1 to 3 vs.

1.The Inspector of Police, Elumalai Police Station, Madurai District.

(Crime No.1716 of 2020) ... 1st Respondent/Complainant 2.Susila ...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.1716 of 2020, dated 01.09.2020 pending on the file of the 1st respondent police and quash the same as illegal. For Petitioners : Mr.S.Siva Ilayaraja For R1 : Mr.A.Robinson, Government Advocate (Criminal Side)

O R D E R

This petition has been filed seeking to quash the First Information Report in Crime No.1716 of 2020 of Elumalai Police Station, Madurai District on the basis of a joint compromise memo filed by the petitioners and the second respondent. 2.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.1716 of 2020 for the offences punishable under Sections 147, 148, 448, 294(b), 323, 324, 506(i), 427 and 379 of Indian Penal Code read with Tamil Nadu Prohibition of Harassment of Women Act, 2002, against the petitioner.

3.The further contention of the petitioners is that they want to compromise the issue between them and the second respondent / defacto complainant amicably. They also filed a 1/3

joint memo of compromise, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

4.The petitioners and the second respondent appeared in person along with their respective counsels and also produced their Aadhar cards before this Court. They were also identified by the learned Government Advocate (Criminal side) and Mr.M.Chinasamy, Sub-Inspector of Police, Elumalai Police Station, Madurai District. Both the parties to compromise were enquired by me and they 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 petitioners and also in view of the joint compromise memo, dated 16.12.2020, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Hence, all further proceedings in Crime No.1716 of 2020 of Elumalai Police Station, Madurai District, is quashed.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.1716 of 2020 of Elumalai Police Station, Madurai District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar(CS-) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi ENCL.: 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, Elumalai Police Station, Madurai District.

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

Crl.OP(MD)No.15502 of 2020 29.01.2021 MA(CO) TR(10.02.2021) 3P 3C 3/3