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Madras High CourtCRL OP(MD)/15643/2023allowed

Dhayanithi v. The Inspector Of Police

2023-10-04Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN and Crl.MP(MD)No.12024 of 2023

1. Dhayanithi

2. Thomas

3. T.Lalitha

4. T.Anbubharathi ... Petitioners Vs

1. The Inspector of Police, All Women Police Station, Thoothukudi District.

Crime No.36 of 2022.

2. Vathana Surya ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pursuant to the FIR in Crime No.36 of 2022 pending on the file of the 1st respondent police and quash the same in so far as the petitioner.

For Petitioners : Mr.N.Shyllappa Kalyan 1/5

For Respondent : Mr.E.Antony Sahaya Prabahar(R1) Additional Public Prosecutor Mr.T.Alexander (R2)

ORDER

This Criminal Original Petition had been filed seeking for a direction to quash the FIR in Crime No.36 of 2022 pending on the file of the 1st respondent Police.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.36 of 2022 for the offences punishable under Sections 498(A), 406, 506(i) IPC.

3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 2/5

4.The petitioners 1 to 3 and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were identified by the learned Government Advocate (Crl. side) and the Investigation Officer. They were also appeared before the High Court Legal Services Committee, Madurai. The fourth respondent appeared through Video Conference, identified by counsels on record on both sides. 5.Both the parties were enquired by me and they accepted the terms of compromise. In view of the above said compromise, a sum of Rs. 1,60,000/- vide DD No.395828, dated 25.08.2023, jewellery and all sridhana articles were also received by the defacto complainant/second respondent and the same was acknowledged by her. Hence, the Compromise Memo is recorded.

6.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.36 of 2022 pending on the file of the 1st respondent 3/5

police in respect of these petitioners.

7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.36 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petition is closed.

04.10.2023 NCC:Yes/No Internet:Yes/No Index:Yes/No PNM To

1. The Inspector of Police, All Women Police Station, Thoothukudi District.

Crime No.36 of 2022.

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

4/5

G.ILANGOVAN, J.

PNM ORDER IN and Crl.MP(MD)No.12024 of 2023 04.10.2023 5/5