Madras High CourtCRL OP(MD)/19743/2021allowed

Kanagaraj v. The Inspector Of Police

2021-12-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19743 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19743 of 2021 Kanagaraj ... Petitioner/Sole Accused vs.

1.The State rep by The Inspector of Police, Allinagaram Police Station, Theni District.

(In Crime No.2094 of 2020) ... 1st Respondent/Complainant 2.Yamuna ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to FIR in Crime No.2094 of 2020 dated 31.07.2020 on the file of the first respondent and quash the same against the petitioner's concern.

For Petitioner : Mr.C.Susi Kumar For R1 : Mr.A.Albert James Government Advocate (Crl.side) For R2 : Mr.R.Maheswaran

O R D E R

This Criminal Original Petition has been filed for quashing the FIR in Crime No.2094 of 2020 registered on the file of the first respondent.

2. The defacto complainant is none other than his wife Yamuna. Following the occurrence, Yamuna left the matrimonial home. But she has now rejoined with her husband. Kanagaraj had filed Tr.C.M.P. against his wife. It has now been withdrawn. The parties are now happily living together. Therefore, the continuation of the impugned prosecution would definitely affect their matrimonial life. The defacto complainant also wants to close the matter. The defacto complainant Yamuna is present in person before this Court. The parties have been duly identified by Thiru.R.Rengasamy Special SI of Police, attached to Allinagaram Police Station, Theni. The defacto complainant categorically states before this Court that she does not want to pursue the complaint. Since the parties have arrived at an amicable settlement, no purpose https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19743 of 2021 will be served in keeping the impugned prosecution alive. The parties have also filed a joint compromise memo. The impugned FIR is quashed. The Criminal Original Petition is allowed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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.

ENCL: XEROX COPY OF JOINT COMPROMISE MEMO To 1.The Inspector of Police, Allinagaram Police Station, Theni District.

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

Crl.O.P.(MD)No.19743 of 2021 17.12.2021 AL(CO) GC(25.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2