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Madras High CourtCRL OP(MD)/22041/2023allowed

M.Selvam @ Sasitharan v. The Inspector Of Police

2024-03-12Honourable Mr Justice Sathi Kumar Sukumara Kurup7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.03.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) Nos.22041 and 22060 of 2023 Crl.O.P(MD).No.22041 of 2023 1.M.Selvam Alias Sasitharan 2.Marisamy 3.Ayyammal 4.Shanmugapriya ... Petitioners / Accused Nos.1 to 4 Vs.

1.The State rep. by The Inspector of Police, AWPS Aruppukkottai, Virudhunagar District, (Crime No.3 of 2023) ... 1st Respondent / Complainant 2.Shanmugapriya ... 2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the First Information Report in Crime No.3 of 2023, on the file of the 1st respondent and quash the same as 1/7

illegal.

For Petitioners : Mr.P.Sujai Krishna For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) For R2 : Mr.S. Muneeswaran Crl.O.P(MD).No.22060 of 2023 Veeraselvi ... Petitioner / Sole Accused Vs.

1.The State rep. by The Sub Inspector of Police, All Women Police Station, Virudhunagar District, (Crime No.4 of 2023) ... 1st Respondent / Complainant 2.Veeraselvi ... 2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records pertaining to the First Information Report in Crime No.4 of 2023, on the file of the 1st respondent and quash the same as illegal.

For Petitioners : Mr.B. Muneeswaran 2/7

For R1 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) For R2 : Mr.S. Muneeswaran COMMON ORDER The learned Counsel for the Petitioner in Crl.O.P.(MD)No. 22060 of 2023 submits that the Petitioner is arrayed as Sole Accused in Crime No.4 of 2023 on the file of the Sub Inspector of Police, All Women Police Station, Virudhunagar District. He would further submit that the De facto complainant and the Petitioner had entered into a compromise during the pendency of the case before the Sub Inspector of Police, All Women Police Station, Virudhunagar District. He has also submitted that the Petitioner and the De facto complainant were identified by the Investigating Officer and the Assistant Registrar (Crl. Side).

2. The learned Counsel for the Petitioners in Crl.O.P.(MD)No. 22041 of 2023 submits that the Petitioners are Accused Nos. 1 to 4 in Crime No. 3 of 2023 on the file of the Inspector of Police, All Women Police 3/7

Station, Aruppukkottai. He would further submit that the De facto complainant and the Petitioners had arrived at a compromise during the pendency of the investigation. He has also submitted that the Petitioners and the De facto complainant were identified by the Investigating Officer and the Assistant Registrar (Crl. Side).

3. The De facto complainant in Crime No.3 of 2023 viz., Veeraselvi is the sole Accused in Crime No.4 of 2023 on the file of the Sub Inspector of Police, All Women Police Station, Virudhunagar District. The De facto complainant viz., Shanmugapriya in Crime No. 4 of 2023 is arrayed as 4th Accused in Crime No.3 of 2023 on the file of the Inspector of Police, All Women Police Station, Aruppukkottai.

4. All the parties have agreed for compromise and both the De facto complainant and the accused had engaged counsels by filing vakalat.

5. The learned Government Advocate (Criminal Side), on instructions of the Respondent Police, submits that they have verified the 4/7

Parties and the Parties have arrived at settlement and the settlement is bonafide.

6. Recording the submissions of the learned Government Advocate (Criminal Side) and the Joint Compromise Memo filed by both the Parties independently, these Criminal Original Petitions are allowed and the F.I.Rs in Crime Nos. 3 and 4 of 2023, pending on the files of the Inspector of Police, All Women Police Station, Aruppukkottai, Virudhungar District and the Sub Inspector of Police, All Women Police Station, Virudhunagar District respectively are hereby quashed. The Joint Compromise Memos shall form part and parcel of these orders. Internet :Yes./No 12.03.2024 Index :Yes/No NCC : Yes/No trp 5/7

To

1. The Inspector of Police, AWPS Aruppukkottai, Virudhunagar District,

2. The Sub Inspector of Police, All Women Police Station, Virudhunagar District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

6/7

SATHI KUMAR SUKUMARA KURUP , J.

trp CRL.O.P (MD) Nos.22041 and 22060 of 2023 12.03.2024 7/7