John Prathab v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA 1.John Prathab 2.Gulzan Esther 3.Packiaraj 4.Jeyaprakesh 5.Jasmine Mathuram 6.Sheela Alias Dhanapakia Lakshmi 7.Samuel Moses Ceffi Diocese Sharon Good News Machine Church P & T Colony, Madathoor Road, Thoothukudi.

..Petitioners/Accused Nos.1 to 7 Vs.

1.State rep by The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

(Crime No.25 of 2019) ...1st Respondent/Complainant 2.L.Sheeba John ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, call for the records relating to the impugned FIR in Crime No.25 of 2019 on the file of the first respondent police and quash the same.

For Petitioners : Mr.G.Aravinthan For R1 : Mrs.S.Bharathi Government Advocate (Crl. Side) For R2 : Mr.K.Sivabalan 1/3

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.25 of 2019 on the file of the first respondent, for the offences punishable under Sections 294 (b), 494 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 before this Court, which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and and the second respondent were also present in person before this Court and they were identified by Mrs.M.Nivetha, (WGOI 644). 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 Crime No.25 of 2019. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of the Hands of Compassion (The Home for mentally ill people), and filed the original cash receipt along with this memo on 08.01.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.525 of 2019, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

dss 2/3

To 1.The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.ARAVINTHAN, Advocate ( SR-961[F] dated 09/01/2020 ) 08.01.2020 KG(CO) TR(27.01.2020)3P 4C 3/3