Muthukaruppan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD)No.1005 of 2020 Muthukaruppan ... Petitioner / Sole Accused Vs.

1.State represented by The Inspector of Police, Perungudi Police Station, Madurai District.

(Crime No.174 of 2019) .. 1st Respondent /Complainant Complainant 2.Mariyammal ... 2nd Respondent / Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Cr.P.C., to call for the First Information Report pertaining to the case in Crime No.174 of 2019 on the file of the first respondent police and quash the same.

For Petitioner : M/S.S.Bharathi For R1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R2 : Mr.S.Ayyapparaj

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.174 of 2019, on the file of the first respondent police, for the offences punishable under Sections 147, 148, 294(b), 323, 442, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 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 petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.V.Eswaran, SSI of Police.

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 https://hcservices.ecourts.gov.

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.174 of 2019. 5.It is represented by the learned counsel for the petitioner that the petitioner paid a sum of Rs.5,000/-(Rupees Five Thousand only) as costs to the Credit of the Hands of Compassion, Ayathampatti, Alagarkovil, Madurai and filed the original cash receipt along with this memo on 22.01.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.174 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 (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ENCL: Xerox copy of Joint Compromise Memo dated 06.01.2020 To 1.The Inspector of Police, Perungudi Nagar Police (L&O), Madurai.

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

+1 CC to M/s.S.BHARATHI, Advocate ( SR-2643[F] dated 23/01/2020 ) Crl.O.P.(MD).No.1005 of 2020 22.01.2020 sma/07/02/2020/2p/4c https://hcservices.ecourts.gov.in/hcservices/