Sivaram v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6686 of 2022 and Crl.M.P.Nos.3810 & 3811 of 2022 1.Sivaram 2.Kumaravel 3.Santhi ... Petitioners Vs.

1. The Inspector of Police, All Women Police Station, Tiruttani, Tiruvallur District.

2. D.Sharmila ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C.,to call for the records relating to C.C.No.1 of 2022 dated 04.02.2022 on the file of Judicial Magistrate, Additional Mahila Court, Cuddalore and quash the same.

For Petitioners : Mr.S.Arivazhagan For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 Mr.G.Santhosh Kumar for R2

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.1 of 2022 dated 04.02.2022 on the file of the Judicial Magistrate, Additional Mahila Court, Cuddalore. 2.The case is still at 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, which have been signed by the petitioners and the second respondent/de-facto complainant and both the parties are present before this Court and they were identified by their respective counsel. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement

between themselves. The Compromise Memo dated 11.04.2022 is extracted hereunder :- '2.We further submit that the 2nd respondent has lodged a complaint before the 1st respondent Police against the petitioners herein. Based on the 2nd respondent complaint, the 1st respondent Police had registered the case and laid the charge sheet for the alleged offences under Section 294(b), 323, 325 and 498 (A) IPC pending on the file of Judicial Magistrate, Tiruttani, Tiruvallur District in C.C.No.1 of 2022. 3.We further submit that there was an amicable settlement arrived between us and thereby we are living jointly together without any problem. We have sorted our issues amicably. Hence we are filing this joint compromise memo to quash the proceedings against the present complaint.'

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 proceedings in C.C.No.1 of 2022 dated 04.02.2022 on the file of the Judicial Magistrate, Additional Mahila Court, Cuddalore.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.1 of 2022 dated 04.02.2022 on the file of the Judicial Magistrate, Additional Mahila Court, Cuddalore, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar vkr/nti To

1. The Judicial Magistrate, Additional Mahila Court, Cuddalore.

2. - do through The Chief Judicial Magistrate, Cuddalore

3. The Inspector of Police, All Women Police Station, Tiruttani, Tiruvallur District.

4. The Public Prosecutor, High Court of Madras.

+1cc to Mr.G.Santhosh Kumar, Advocate, S.R.No.25053 Crl.O.P.No.6686 of 2022 and Crl.M.P.Nos.3810 & 3811 of 2022 PMK(CO) CT 22/04/2022