Sathiya @ Sathiyaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.17280 of 2022 1.Sathiya @ Sathiyaraj 2.Prince @ Arun 3.Kathik 4.Sudharsan 5.Caption @ Caption Prabakaran
...Petitioners/Accused No.1 to 5
Vs.
1.The State rep. by, The Inspector of Police, Sholavandan Police Station, Madurai District.
(In Crime No.446/2016) ...1st Respondent / Complainant 2.Athisayamary ...2ndRespondents / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records pertaining to the case in Crrime No.446/2016 on the file of the 1st respondent police and quash the same. For Petitioner :Mr.S.Subaash For Respondents :Mr.M.Sakthi Kumar for R1 Government Advocate (Crl. Side) :Mr.V.Lakshmana Raja for R2 1/4
O RDER This petition has been filed seeking to quash the impugned FIR in Crime No.446 of 2016 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.446 of 2016 for the offences punishable under Sections 147, 294(b), 323 and 506(i) of IPC, r/w Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 against the petitioners.
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.
4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation 2/4
Officer. Both the parties 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 02.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.446 of 2016 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.
6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.446 of 2016, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. 13.10.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No pnn 3/4
G.ILANGOVAN. J.
pnn To 1.The Inspector of Police, Sholavandan Police Station, Madurai District. (In Crime No.446/2016) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.17280 of 2022 13.10.2023 4/4