Madras High CourtCRL OP(MD)/3953/2019allowed

Arumugaraj 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.3953 of 2019 1.Arumugaraj 2.Ramesh @ Maharajan : Petitioners Vs.

1.The State rep. by the Inspector of Police, Suthamalli Police Station, Tirunelveli District (in Crime No.362 of 2018) 2.Valliammal : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the FIR in Crime No.362 of 2018 dated 16.09.2018 pending on the file of the first respondent police insofar as the petitioners are concerned.

For Petitioners : Mr.G.Thalaimutharasu For R-1 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.362 of 2018, on the file of the first respondent police, for an alleged offences under Sections 147, 148, 294(b), 323, 324 and 506(2) IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act. The offences are chiefly 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 K.Raja, Sub-Inspector of Police, Suthamalli Police Station, Tirunelveli District, Contact No.94981 93603. 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 the State of Madhya Pradesh Vs. Laxmi Narayan & Others [CDJ 2019 SC 264] and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [(2017) 9 SCC 641], this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.362 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.362 of 2018, 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. The petitioners shall pay a sum of Rs.1,000/-, each as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, 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 // True Copy // Sub Assistant Registrar(CS ) To 1.The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

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

Copy To:

1)The District Siddha Medical Officer, CCRI, Periyakulam.

2)The Section Officer, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD]No.3953 of 2019 14.03.2018 SP/24.04.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/