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Madras High CourtCRL OP(MD)/1881/2020allowed

Uthayakumar v. The Sub Inspector Of Police

2020-02-10Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.[MD].No.1881 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.1881 of 2020 and Crl.M.P.[MD].No.925 of 2020 1.Uthayakumar 2.Ramasamy 3.Ramuthai 4.Tamilselvi : Petitioners/A1 to A4 Vs.

1.State Represented by The Sub-Inspector of Police, All Woman Police Station, Theni District.

:Respondent / Complainant 2.Vengittammal : Respondent 2 /Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No.12 of 2019, on the file of the respondent police and quash the same against the petitioners. For Petitioners : Mr.K.Gokul For R-1 : Mr.S.Chandarasekar Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.12 of 2019, on the file of the respondent police, for the offences punishable under Sections 498 (A), 294(b) 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 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 Mrs.P.Inba, All Woman Police Station, Theni District. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.1881 of 2020 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. 12 of 2019. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.20,000/-(Rupees Twenty Thousand only) as costs to the Credit of "Indian Blind School, Madurai" and filed the original cash receipt along with this memo on 10.02.2020. The said submission is placed on record. 6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.

12 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. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl: Xerox copy of Joint Compromise Memo filed dt.10/02/2020 Sji To 1.The Sub-Inspector of Police, All Woman Police Station, Theni District.

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

+1 CC to M/s.K.GOKUL, Advocate ( SR-5725[F] dated 11/02/2020 ) Crl.O.P.[MD].No.1881 of 2020 10.02.2020 SMA/02/03/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2