Shek Mydeen v. The Inspector Of Police
Crl.O.P.(MD)No.2709 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2022 CORAM :
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.2709 of 2022 Shekmydeen ... Petitioner/Sole Accused Vs.
1.The State represented by Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli-625 002.
Crime No.15 of 2021.
2.VirivakkaAluvalar, Social Welfare Department, Palayamkottai, Tirunelveli - 627 002.
... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the First Information Report in Crime No.15 of 2021. For Petitioners : M/s.M.Sankar For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.C.Ilankeswaran
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No. 15 of 2021, on the file of the first respondent police, for an alleged offences under Sections 9 of Child Marriage Restraint Act, Section 5(1), 5(j)(ii) and Section 6 of POCSO Act.
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 petitioner and the second respondent and also by their respective counsel.
4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.2709 of 2022 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.15 of 2021 pending on the file of the first respondent police.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.15 of 2021, 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. Sd/- Assistant Registrar (A.D II) // True Copy // / /2022 Sub Assistant Registrar(CS) (*) Enclosed herewith The Joint Compromise Memo Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli-625 002.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD)No.2709 of 2022 11.02.2022 RS(26.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2