Durai Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA 1.Durai Pandi 2.Guru Lakshmi @ Guruvammal 3.Packiyam 4.Palpandi .. Petitioners/A1 to 4 Vs.

1.The State represented by its, The Inspector of Police, AWPS-Thilagar Thidal Police Station, Madurai City.

(Crime No.10 of 2017) ...1st Respondent/Complainant 2.Muthu Mari ...2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records relating to the impugned proceedings in C.C.No.11 of 2018 on the file of the learned Additional Mahila Court, Madurai and to quash the same.

For Petitioners : Mr.M.S.Jeyakarthik For R1 : Mrs.S.Bharathi Government Advocate (Crl. Side) For R2 : Mr.A.Karthick Kumar

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.11 of 2018 on the file of the learned Additional Mahila Court, Madurai for the offence under Sections 498(A) and 406 of IPC.

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 1/3

Court and they were identified by Mr.M.Deivakunchari, SI 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 proceedings in C.C.No.11 of 2018 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 proceedings in C.C.No.11 of 2018.

5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of the High Court Legal Services Committee and filed the original cash receipt along with this memo on 07.02.2020. The said submission is placed on record. 6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.11 of 2018, on the file of the Additional Mahila Court, Madurai is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (AD I) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg To 1.The Additional Mahila Court, Madurai.

2.The Inspector of Police, AWPS-Thilagar Thidal Police Station, Madurai City.

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

+1 CC to MR.M.S.JEYAKARTYHIK, Advocate ( SR-5369[F] dated 10/02/2020 ) 07.02.2020 KM/(25.02.2020) 3P 5C 3/3