Santhiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.11.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.ILANGOVAN

1. Santhiya

2. Vetri

3. Sivanthikani ... Petitioners Vs

1. The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli.

(Crime No.55 of 2020).

2. Vinoth Kumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court, to call for the records and quash the proceedings in Crime no.55 of 2020, pending on the file of the first respondent Police. For Petitioners : Mr.P.Samuel Gunasingh For R1 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) For R2 : Mr.N.Balasubramanian 1/5

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.55 of 2020 on the file of the 1st respondent police. 2.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered the First Information Report in Crime No.55 of 2020 for the offences punishable under Sections 294(b), 323, 506(ii) of IPC. It appears that there is a family dispute pending between the parties. It is a case and case in counter.

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 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. 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, 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.55 of 2020 pending on the file of the 1st respondent police in respect of these petitioners. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.55 of 2020, pending on the file of the first respondent police is hereby quashed in respect of the petitioners. 3/5

The compromise memo is recorded and the terms of joint compromise memo shall form part of this order.

02.11.2023 NCC : Yes/No Index : Yes / No Internet: Yes/ No PNM To

1. The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli. (Crime No.55 of 2020).

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

4/5

G.ILANGOVAN, J.

PNM ORDER IN 02.11.2023 5/5