K.Dhandayuthapani v. The Inspector Of Police

Crl.O.P.[MD].No.2298 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.2298 of 2020 1.K.Dhandayuthapani 2.K.Krishnaveni : Petitioners/Accused Nos.1 & 2 Vs.

1.The State Rep. by The Inspector of Police, All Women Police Station, Bodi, Theni District.

(Crime No.9 of 2016) : 1st Respondent / Complainant 2.Malarmozhi : 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to the C.C.No.72 of 2019, on the file of the Judicial Magistrate, Bodi and quash the same as the matter has been amicably settled and award had been passed on 14.12.2019 sofar as the petitioners are concerned. For Petitioners : Mr.K.S.Duraipandian For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : Mr.P.Balasubramani

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.72 of 2019, pening on the file of the learned Judicial Magistrate, Bodi, for the offences punishable under Sections 498(A), 406 and 506(1) of IPC in Crime No.9 of 2016. 2.The case is under trial. 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.Indirani, All Women Police Station, Bodinayakanoor, 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 proceedings 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 641https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.2298 of 2020 (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.72 of 2019.

6.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5,000/- (Rupees Five thousand only) as costs to the Credit of the Madurai Bench High Court Advocates Association (MBHAA), Ground Floor, Law Chamber Premises, High Court Buildings, Madurai-625 023 and filed the original cash receipt along with this memo on 11.02.2020. The said submission is placed on record.

7.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.72 of 2019, on the file of the learned Judicial Magistrate, Bodi, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl: Xerox copy of Joint Compromise Memo sji To 1.The Judicial Magistrate, Bodi.

2.The Inspector of Police, All Women Police Station, Bodi, Theni District.

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

Crl.O.P.[MD].No.2298 of 2020 11.02.2020 SMA/03/03/2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2