Madras High CourtCRL OP(MD)/19527/2021allowed

Ananth @ Yoga Ananth v. The Inspector Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19527 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19527 of 2021 1.Ananth @ Yoga Ananth 2.Rajiv Gandhi 3.Sekar @ Rajasekar 4.Sakthi @ Sakthivel ... Petitioners/Accused Nos.1 to 4 vs.

1.The State rep. by The Inspector of Police, Sawyerpuram Police Station, Thoothukudi District, (Crime No.112 of 2018) ... 1st Respondent/ Complainant

2. xxxx ... 2nd Respondent/ defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to FIR in Crime No.112 of 2018 on the file of the first respondent herein and quash the same. For Petitioners : Mr.K.Vamanan For R1 : Mr.A.Albert James Government Advocate(Crl.side) For R2 : Mr.S.M.Mohan Gandhi

O R D E R

This Criminal Original Petition has been filed to quash the impugned FIR. The case was registered in Crime No.112 of 2018 for the offences under Sections 417, 294(b), 506(ii) of IPC and Section 4 of TNPHW Act, 2002 r/w Section 3(1)(w)(1) of SC/ST (POA) Amendment Act, 2015.

2. The defacto complainant belongs to scheduled caste. The defacto complainant is present in person before this Court. She has been duly identified by Thiru.M.Rajendran, Spl.SI of Police attached to Swayerpuram Police Station, Thoothukudi District. The defacto complainant categorically states before this Court that she does not want to pursue the complaint. Since the parties have arrived at an https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19527 of 2021 amicable settlement, no purpose will be served in keeping the impugned prosecution alive. The parties have also filed a joint compromise memo. The impugned FIR is quashed. She had received compensation from the department. The second respondent is directed to refund the sum of Rs.1,50,000/- as compensation to the department concerned. The department concerned is also directed to accept the refund.

3. The petitioners give an undertaking before this Court that they will not interfere in the personal life of the defacto complainant in future.

4. The Criminal Original Petition is allowed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Encl:- Photocopy of Compromise Memo Attached. 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, Sawyerpuram Police Station, Thoothukudi District.

2.The Second Respondent Copy to:

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

Crl.O.P.(MD)No.19527 of 2021 15.12.2021 MGJ(28.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2