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Madras High CourtCRL OP(MD)/3097/2018allowed

Prasanna, v. The Inspector Of Police,

2018-08-23Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.3097 of 2018 and Crl.M.P.(MD)Nos.1435 & 1436 of 2018 1.Prasanna 2.Lokesh :Petitioners/Accused No.4 & 5 Vs.

1. The State Rep.by The Inspector of Police, All Women Police Station, Thiruparankundram, Madurai District.

(Crime No.93 of 2014) : Respondent/complainant

2. A.Dhanalakshmi : Respondent/ defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records pertaining to the case in C.C.No.170 of 2016, on the file of the Additional Mahila Court, Madurai District and quash the same as against the petitioners. For Petitioners : Mr.R.Anand For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.R.Niresh Kumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.170 of 2016 on the file of the learned Additional Mahila Court, Madurai District, for an alleged offences under Sections 498(A) and 506(i) IPC.

2. The case is still in 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 parties were also present before the Court and they were identified by Mrs.S.Santhi, SI of Police and they have also produced the copies of the Aadhaar Card which 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. https://hcservices.ecourts.gov.in/hcservices/

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 proceedings in C.C.No.170 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.170 of 2016, on the file of the learned Additional Mahila Court, Madurai District, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Authority, Chennai), 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. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Crl side) /True Copy/ Sub Assistant Registrar(CS-II) ENCL: Xerox copy of Joint Compromise Memo To

1. The Additional Mahila Court, Madurai District.

2. The Inspector of Police, All Women Police Station, Thiruparankundram, Madurai District.

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

4. The Member Secretary, Tamil Nadu State Legal Services Authority, Madras High Court Campus, Chennai.

+1cc to Mr.R.Anand, Advocate Sr.No.80303 gns VB/RP/SAR2/03.10.2018/2P/6C Crl.O.P.[MD].No.3097 of 2018 23.08.2018 https://hcservices.ecourts.gov.in/hcservices/