Ramachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.3597 of 2018 and Crl.M.P.[MD].No.1712 of 2018 1.Ramachandran 2.Irugovel 3.Aathimoolam 4.Thangaprema 5.Saravanaperumal : Petitioners/Accused 1 to 5 Vs.

1. The State Represented by The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

[Crime No.16 of 2017] : 1st Respondent/Complainant 2.Muthulakhsmi : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the proceedings F.I.R. in relating to the Crime No.16 of 2017, on the file of the first respondent police and quash the same as illegal. For Petitioners : Mr.N.Anandkumar For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate [Criminal Side] For R-2 : Mr.J.Senthil Kumaraiah

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.16 of 2017, on the file of the first respondent police, for an alleged offences under Section 498(A) and Section 4 of the Dowry Prohibition Act.

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 petitioners and the second respondent were also present in person before this Court and they were identified by Ms.Subha, Head Constable 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 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.16 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.16 of 2017, on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,000/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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 petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-I) Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli District.

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

3. The Section Officer,`(2 copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.

4. The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.J.Senthil Kumaraiah, Advocate Sr.No.78040 +1cc to Mr.V.Malaiyendran, Advocate Sr.No.78677 SJI VB/KAK/SAR1/03.09.2018/3P/8C Crl.O.P.[MD].No.3597 of 2018 and Crl.M.P.[MD].No.1712 of 2018 10.08.2018