Vijay v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6515 of 2019

1. Vijay

2. Palanivel

3. Palaniammal ... Petitioners Vs

1. State by Inspector of Police, All Women Police Station, Tambaram.

2. Nithya ... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the learned Principal District and Sessions Judge, Chengalput to accept the Joint Compromise memo dated 03.08.2018 filed in C.A.No.62 of 2017 before the Lok Adalat and close the appeal as compromised.

For Petitioner : Mr.C.P.Palanichamy For Respondent : Mr.C.Raghavan Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge, Chengalpet to accept the Joint Compromise memo dated 03.08.2018 filed in C.A.No.62 of 2017 before the Lok Adalat and close the appeal as compromised.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Criminal Side) for the respondent.

3. The learned counsel for the petitioner submitted that the complaint was lodged by the second respondent against these https://hcservices.ecourts.gov.in/hcservices/

petitioners for an offence under Sections 498 A, 406 of IPC and under Section 4 Dowry Prohibition Act. He further submitted that there is no provision for compounding the appeal for the offences under Sections 498 A, 406 IPC and under Section 4 Dowry Prohibition Act, as per the consent of the defacto complainant the appeal was referred to Lok Adalat for appropriate order for closing the proceedings. After receiving the report from Lok Adalat, the learned Principal District and Sessions Judge instead of closing the same, expressed her difficulty and posted the appeal for argument.

4. Considering the facts and circumstance of the case, the learned Principal District and Sessions Judge, Chengalpet is directed to consider the Joint Compromise memo dated 03.08.2018 filed by the petitioners and pass orders in C.A.No.62 of 2017 on merits in accordance with law within a period of two months from the date of receipt of a copy of this order.

With the above direction, this Criminal Original Petition disposed of.

Sd/- Assistant Registrar(CCC) //True copy// Sub Assistant Registrar ssr/dh To

1. The Principal District and Sessions Judge, Chengalput.

2. The Inspector of Police, All Women Police Station, Tambaram.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.P.Palanichamy, Advocate SR.No.23409 Crl.O.P.No. 6515 of 2019 CP(CO) GMY(10/04/2019) https://hcservices.ecourts.gov.in/hcservices/