Jayakrishnan v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos. 964 of 2019 & 5518 of 2020 and Crl.M.P.No. 641 of 2019

1. Jayakrishnan

2. Vanisri

3. Thirunavukarasu

4. Vijayalakshmi

5. Gurumoorthi

...Petitioner in Crl.O.P.No. 964 of 2019

Karthikeyan

...Petitioner in Crl.O.P.No. 5518 of 2020

Vs.

1. The State Represented by the Inspector of Police, All Women Police Station East, Coimbatore.

2. Santhiya

...Respondents in both Crl.O.P.Nos.

COMMON PRAYER : Criminal Original Petitions filed under Section 482 of Cr.P.C., to call for the records and the quash the C.C.No.55 of 2018 pending on the file of Additional Mahila Court, Coimbatore.

For Petitioners: Mr.K.Dhananjayan (in both Crl.OPs) For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 : Mr.Abrar Md.Abdullah for R2 (in both Crl.O.Ps)

COMMON ORDER These Criminal Original Petitions have been filed to quash the C.C.No.55 of 2018 on the file of the learned Additional Mahila Court, Coimbatore.

2.

The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.

A Joint Memo of Compromise has been filed before this Court and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in C.C.No.55 of 2018.

5. These Criminal Original Petitions stand allowed and as a sequel, the proceedings in C.C.No.55 of 2018, on the file of the Additional Mahila Court, Coimbatore is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. As per the direction of this Court, the learned counsel for the petitioner paid a sum of Rs.10,000/-, as costs, to the Tamil Nadu Legal Services Authority. Consequently, connected miscellaneous petition is closed.

*Xerox copy of the Memo of Compromise enclosed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar

kmm To 1.The Additional Mahila Court, Coimbatore.

2.The State of Tamil Nadu The Inspector of Police, All Women Police Station East, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

Copy to:

The Secretary, High Court Legal Services Authority, Chennai.

+3cc to Mr.K.Dhananjayan, Advocate, S.R.No.23606 LN(CO) CB(21/07/2020) Crl.O.P.Nos. 964 of 2019 & 5518 of 2020