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Madras High CourtCRL OP(MD)/3730/2019allowed

Ravisankar, v. The Inspector Of Police

2019-03-14Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3730 of 2019 1.Ravisankar 2.Sidharthar 3.Vijeyalakshmi 4.Balaji 5.Sangeetha : Petitioners / Accused Nos.1 to 5 Vs.

1.The Inspector of Police, All Women Police Station, Thirupparakundram, Madurai District.

: 1st Respondent / Complainant (Crime No.10 of 2018) 2.M.Vyshnavi : 2nd Respondent / De facto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in pertaining to the Crime No.10 of 2018, on the file of the first respondent Police and quash the same.

For Petitioners : Mr.R.Selvaraj For R-1 : Mr.V.Neelakanden Government Advocate [Crl.Side] For R-2 : Mr.M.Shakul Hameed

ORDER

The Criminal Original Petition has been filed to quash the F.I.R. in Crime No.10 of 2018, dated 19.07.2018 pending on the file of the respondent Police for the alleged offences under Sections 498 (A), 406 and 506 (i) I.P.C. The offences are primarily private in nature.

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 Mrs.Jeyashri, All Women Police Station, Thirupparankundram, Madurai District. This Court also enquired both the parties and was satisfied that the parties have https://hcservices.ecourts.gov.in/hcservices/

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 Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [(2017) 9 SCC 641] and The State of Madhya Pradesh Vs. Laxmi Narayan & Others [CDJ 2019 SC 264] , this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the F.I.R. in Crime No.10 of 2018, dated 19.07.2018, pending on the file of the respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the F.I.R. in Crime No.10 of 2018, dated 19.07.2018 pending on the file of the 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.500/- as costs, to the credit of "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, IFSC Code.SBIN 0000898, M.I.C.R. Code.625002601, State Bank of India, Periyakulam), 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. Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo To 1.The District Siddha Medical Officer CCRI, Periyakulam 2.The Inspector of Police, All Women Police Station, Thirupparakundram, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +2 CC to M/s.M.SHAKUL HAMEED, Advocate ( SR-54109[F] dated 14/03/2019 ) tsg Crl.O.P.[MD]No.3730 of 2019 14.03.2019 KM/(02.05.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/