Madras High CourtCRL OP(MD)/16030/2021allowed

J. Rheniuscaleb v. The Inspector Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan2 pages

Crl O.P.(MD)No.16030 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl O.P.(MD)No. 16030 of 2021 and Crl M.P.(MD)Nos.8616 & 8618 of 2021 J.Rheniuscaleb ... Petitioner/Sole Accused Vs.

1.The State represented by The Inspector of Police, Rajapalayam All Women Police Station, Virudhunagar District.

(Crime No.17 of 2019) ... 1st Respondent/ Complainant 2.------ ... 2nd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the charge sheet in Spl.S.C.No.37 of 2021 on the file of the Principal District & Sessions Court, Virudhunagar at Srivilliputhur, in connection with the Crime No.17 of 2019 on the file of the respondent police and quash the same.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.A.Albert James Government Advocate (Criminal Side) for R1 Mr.L.Prabakaran for R2

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.17 of 2019 registered on the file of them respondent Police.

2. The defacto complainant as well as the victim are present in person before me. They have been duly identified by Vijayalakshmi, WHC 2397, attached to Rajapalayam All Women Police Station, Virudhunagar District. The petitioner appears before this Court and submits that he had committed the acts in question but he gives an undertaking that he will never repeat them in future. He also https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl O.P.(MD)No.16030 of 2021 states that he had vacated Rajapalayam and is presently doing his studies in Bangalore. He gives further undertaking that he will never interfere with the life of victim. If this undertaking is breached, I made it clear to the petitioner this Court will not hesitate to initiate contempt proceedings against the petitioner.

3. Though the offences in question are not compoundable, the victims mother and the defacto complainant stated that the impugned prosecution may cast a shadow on her life. The defacto complainant and the victim do not wish to pursue the matter. They have also a filed joint memo of compromise dated 25.11.2021. In these circumstances, continuance of impugned proceedings may not really serve the ends of justice. The impugned proceedings are quashed and criminal original petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm 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.Principal District & Sessions Judge, Srivilliputhur, Virudhunagar District.

2.The Inspector of Police, Rajapalayam All Women Police Station, Virudhunagar District.

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

Crl O.P.(MD)No. 16030 of 2021 and Crl M.P.(MD)Nos.8616 & 8618 of 2021 02.12.2021 MSK(CO) TR(21.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2