Madras High CourtCRL OP(MD)/7705/2017disposed of

Saravana Kumar v. The Inspector Of Police

2021-04-19Honourable Mr Justice B.Pugalendhi2 pages

Crl.O.P(MD)No.7705 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.7705 of 2017 and Crl.M.P(MD)No.5254 of 2017 1.A.Saravanakumar 2.Pounthai 3.Sivakumar 4.Pushpalatha : Petitioners Vs.

1.State represented by the Inspector of Police, All Women Police Station, Uthamapalayam Taluk, Theni District.

2.Devi : Respondents Prayer: Petition filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to FIR in Crime No.12 of 2017 on the file of the respondent Police, All Women Police Station, Uthamapalayam, Theni District and quash the same as against the petitioner.

For Petitioners : No appearance For Respondent : Mr.R.Anandharaj No.1 Additional Public Prosecutor For Respondent : Mr.A.B.Natarajan No.2 Legal Aid Counsel

ORDER

This criminal original petition is filed seeking to quash the case in Crime No.12 of 2017 on the file of the All Women Police Station, Uthamapalayam, Theni District as against the petitioners. 2.There is no representation for the petitioners. 3.Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondent Police would submit that the petitioners and the de facto complainant have settled their disputes and have also entered into a settlement agreement dated 04.01.2019. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.7705 of 2017 4.A perusal of the agreement dated 04.01.2019 would show that one of the conditions of the agreement is to withdraw the prosecution pending in this petition. A perusal of the records shows that there was no representation for the second respondent on several occasions in the past. Therefore, this Court by order dated 29.03.2021 appointed Mr.A.B.Natarajan, Advocate as Legal Aid Counsel to defend the second respondent and the learned Legal Aid Counsel submitted that he is not aware of the compromise arrived at between the parties.

5.In view of the submission made by the learned Additional Public Prosecutor and in view of the compromise arrived at between the parties, this criminal original petition is disposed of, leaving it open to the investigation agency to conclude the investigation based on the subsequent development and to act in accordance with law. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. dsk To 1.The Inspector of Police, All Women Police Station, Uthamapalayam Taluk, Theni District.

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

+1 CC to M/s.A.B.NATARAJAN, Advocate ( SR-16678[F] dated 20/04/2021 ) Crl.O.P(MD)No.7705 of 2017 19.04.2021 GS (7.06.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2