Madras High CourtCRL OP(MD)/18185/2021allowed

Sahayam v. The Inspector Of Police

2021-11-24Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18185 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18185 of 2021 Sahayam ... Petitioner / Sole Accused Vs.

1.The State rep by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.745 of 2020) ... Respondent-1 / Complainant 2.Mariya Joseph ... Respondent-2 / Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pending FIR against the petitioner for the offence under Sections 294(b), 448, 506(ii) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002 in Crime No.745 of 2020 dated 28.11.2020 on the file of the 1st respondent police and to quash the same.

For Petitioner : Mr.J.Vijayaraja For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.C.Muthupandi for R2.

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.745 of 2020 registered on the file of the first respondent.

2.The victim in this case is the wife of the defacto complainant. The defacto complainant/Mariya Joseph is present in person before this Court. He has been duly identified by Mr.P.Gopinathan, HC 1488 attached to first respondent police station. The defacto complainant and his wife decided to drop the matter, taking note of the past association with the petitioner herein. The parties have also filed a memo of joint compromise dated 20.10.2021. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18185 of 2021 prosecution alive. The impugned FIR is quashed. The Criminal Original Petition is allowed.

Sd/- Assistant Registrar (AS) // 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, Paramakudi Town Police Station, Ramanathapuram District.

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

Crl.O.P(MD)No.18185 of 2021 24.11.2021 SK(CO) SB(04.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2