C.Perumal Babu v. The Inspector Of Police

Crl.O.P.(MD).No.1027 of 2020 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.1027 of 2020 C.Perumal Babu ..Petitioner/Accused No.1 Vs.

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

(in Crime No.10 of 2018) ..1st Respondent/Complainant 2.Rajasri ..2nd Respondent/ Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned FIR in Crime No.10 of 2018 dated 27.02.2018 on the file of the first respondent police and to quash the same. For Petitioner : Mr.M.Mukesh Sharma For R1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R2 : Mr.J.William Christopher

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.10 of 2018 dated 27.02.2018 on the file of the first respondent police, for the offences punishable under Sections 498(A) and 406 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 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.Selvarani, WGVI-1680. This Court https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.1027 of 2020 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.10 of 2018. 5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.10 of 2018, 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 () // True Copy // / /2020 Sub Assistant Registrar(CS) Vsg Encl:Xerox Copy of Joint Compromise Memo.

To 1.The Inspector of Police, Perungudi Police Station, Madurai District.

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

+1 CC to M/s.M.MUKESH SHARMA, Advocate ( SR-2706[F] dated 23/01/2020 ) Crl.O.P.(MD).No.1027 of 2020 22.01.2020 KK/SAR/05.02.2020/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2