Anandkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.18498 of 2014 and Crl.M.P.Nos.1 of 2014 & 1642 of 2019 Crl.O.P.No.18498 of 2014 1.Anandkumar 2.Hariprasad ... Petitioners Vs.

1.State represented by The Inspector of Police, All Women Police Station (West), Coimbatore.

(Crime No.2 of 2014) 2.Uma Maheswari ... Respondents Crl.M.P.No.1642 of 2019 Uma Maheswari ... Petitioner Vs.

1.Anandakumar Shanmugam 2.Hariparasad 3.State represented by Inspector of Police, All Women Police Station (West), Coimbatore.

Crime No.2 of 2014 ... Respondents PRAYER in Crl.O.P.No.18498/2014: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for records relating to proceedings in Cr.No.2 of 2014 on the file of the Inspector of Police, All Women Police Station (West), Coimbatore and quash the entire proceedings against the petitioners.

PRAYER in Crl.M.P.No.1642 of 2019: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to permit the petitioner to compound the offence with regard to Crime No. 2 of 2014 (on the file of Inspector of Police, All Women Police Station(West), Coimbatore (now as C.C.No.44 of

2015)) on the file off Hon'ble Mahila Court, Coimbatore in Crl.O.P.No.18498 of 2014 as per law.

For Petitioners: M/s.D.Prasanna For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

For R2 : M/s.M.Zacharia

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Crime No.2 of 2014, on the file of the respondent police, for an alleged offences under Sections 498(A) and 506(I) of IPC.

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 by the first petitioner and the second respondent before this Court, which have been signed by the petitioner and the second respondent and their respective counsel. 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 is pending before the respondent police. 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 Crime No. 2 of 2014 pending on the file of the respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 of 2014, on the file of the respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Consequently, the connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mpa/rpl

To 1.The Inspector of Police, All Women Police Station (West), Coimbatore.

2.The Public Prosecutor, High Court, Madras.

+2ccs to Mr.D.Prasanna, Advocate, S.R.No.7947 Crl.O.P.No.18498 of 2014 and Crl.M.P.Nos.1 of 2014 & 1642 of 2019 PA(CO) rrs 25/02/2019