D. Yobu v. The Inspector Of Police

Crl.O.P.[MD].No.2319 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.2319 of 2020 1.D.Yobu 2.A.Davil Lawrence 3.D.Dhanabackiyam 4.Anbu : Petitioners/Accused Nos.1 to 4 Vs.

1.The Sub-Inspector of Police, AWPS-Cantonment, Trichy City, Trichy District.

(Crime No.21 of 2019) :Respondent No.1/Complainant 2.Suganya : Respondent No.2/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to record this Joint Compromise Memo as part and parcel of the quash petition and quash the First Information Report in Crime No.21 of 2019, under Section 498(A) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, dated 21.10.2019, on the file of the first respondent.

For Petitioners : Mr.S.Sethu Mahendran For R-1 : Mr.S.Bharathi, Government Advocate (Criminal Side) For R-2 : Mr.S.Lenin Prabu

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.21 of 2019, on the file of the respondent police, for the offences punishable under Section 498(A) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002.

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 petitioners and the second respondent and also by their respective counsel. The petitioners and the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.2319 of 2020 respondent were also present in person before this Court and they were identified by Mrs.N.Girija, AWPS-Cantonment, Trichy City, Trichy 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 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 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 First Information Report in Crime No.21 of 2019. 5.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 Rojavanam Old Age Home, Uthangudi, Malur Road, Madurai and filed the original cash receipt along with this memo on 11.02.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.21 of 2019, 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 (CS II) // True Copy // / /2020 Sub Assistant Registrar(CS) ENCL : Xerox copy of Joint Compromise Memo.

sji To 1.The Sub-Inspector of Police, AWPS-Cantonment, Trichy City, Trichy District.

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

+1 CC to M/s.S.SETHUMAHENDRAN, Advocate ( SR-6345[F] dated 14/02/2020 ) Crl.O.P.[MD].No.2319 of 2020 11.02.2020 KK/02.03.2020/2P-4C https://hcservices.ecourts.gov.in/hcservices/ 2/2