Balasubramaniyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and Crl.M.P.(MD) No.16108 of 2023 Balasubramaniyan ... Petitioner/Sole Accused Vs.

1. The State rep by The Inspector of Police, All women Police Station, Virudhunagar.

(Crime No.12 of 2022).

...1st Respondent/Complainant 2.Kavitha ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call of the records pertaining to the FIR in Crime No.12 of 2022 on the file of the first respondent and quash the same as illegal. For Petitioner : Mr.R.Prasanna For R1 : Mr.M.Sakthi Kumar Government Advocate (Crl.side) For R2 : S.Arulnithy O R D E R This petition has been filed seeking to quash the impugned FIR in Crime No.12 of 2022 on the file of the 1st respondent police. 1/4

2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.12 of 2022 for the offences punishable under Sections 498(A), 406 of IPC against the petitioner. 3.The further contention of the petitioner 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 petitioner and the 2nd respondent and also by their respective counsels.

4. The defacto complainant is present before this Court and stated that compromise has been reached between the parties. A joint land is going to release in favour of the defacto complainant by the petitioner. They agreed for mutual divorce by filing proper petition before this Court.

5. The petitioner 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 Government Advocate (Crl.side) and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is 2/4

recorded.

6. Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 05.12.2023, 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.12 of 2022 pending on the file of the 1st respondent police is quashed and the compromise memo is recorded.

7. In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.12 of 2022, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Consequently, connected Miscellaneous Petition is closed. 06.12.2023 Index : Yes/No Internet : Yes/No Indu 3/4

G.ILANGOVAN. J.

Indu To

1. The Inspector of Police, All women Police Station, Virudhunagar.

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

Crl.O.P.(MD) No.20587 of 2023 06.12.2023 4/4