Rev.Baskar Albert Rajan v. M.Baby Jamuna

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.11597 of 2015 Rev.Baskar Albert Rajan : Petitioner/ Sole Accused Vs.

M.Baby Jamuna : Respondent/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in C.C.No.630 of 2014 on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District and quash the proceedings.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondent : Mr.T.A.Ebenezer

ORDER

The present Criminal Original Petition has been filed to quash the proceedings in C.C.No.630 of 2014 on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District, for an alleged offences under Sections 294(b), 506(i) of IPC and Section 4 of Tamil Nadu Prevention of Harassment of Women Act.

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 respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. 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 C.C.No.630 of 2014 https://hcservices.ecourts.gov.in/hcservices/

5. This Criminal Original Petition stands allowed and as a

sequel, the proceedings in C.C.No.630 of 2014 on the file of the learned Judicial Magistrate No.I, Thoothukudi, Thoothukudi District, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.250/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Committee), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) ENCL: XEROX COPY COMPROMISE MEMO To 1.The Judicial Magistrate No.I, Thoothukudi, Thoothukudi District.

2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. 2 copies Copy to The Member Secretary, Tamil Nadu State Legal Services Committee) Chennai.

+ 1 CC TO Mr.A.Thiruvadi Kumar , ADVOCATE IN SR No. 83292. • 1 CC TO Mr.T.A.Ebenzer , ADVOCATE IN SR No. 83554. LS DS SV SAR4 16 10 2018 2P 7C Crl.O.P.[MD].No.11597 of 2015 10.09.2018 https://hcservices.ecourts.gov.in/hcservices/