Nagaraj @ Nagarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.6233 of 2019 1.Nagaraj @ Nagarajam 2.Kamamtchii 3.Jamuna 4.Karthicka : Petitioners / Accused 1 and 4 Vs.

1.The State of Tamil Nadu, represented by The Inspector of Police, All Women Police Station, Usilampatti, Madurai.

(Crime No.500 of 2014) : Respondent / Complainant 2.Bhavani : Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.45 of 2017 dated 17.08.2017 pending on the file of the first respondent and quash the same.

For Petitioners : Mr.V.Sukumar For R-1 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R-2 : Mr.Mark Jackson

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.45 of 2017 on the file of the first respondent police, for the alleged offences under Sections 498 (A), 294 (b), 448, 323, 506 (i), Section 4 of the Dowry Prohibition Act, 1961.

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 Mr.Balasubramani, Special Sub-Inspector of Police, Usilampatti Down Police Station, Madurai District, Contact No.94981 82375. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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4. Under such circumstances, no useful purpose will be served in keeping the proceedings pending, even though, the offence involved is 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 FIR in Crime No.45 of 2017 on the file of the first respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.45 of 2017 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) Encl:Xerox Copy of Joint Compromise Memo.

To

1. The Inspector of Police, All Women Police Station, Usilampatti, Madurai.

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

COPY TO:

The District Siddha Medical Officer, CCRI, Periyakulam.

+1cc to Mr.V.SUKUMAR, Advocate, SR.No. 63486 Crl.O.P.[MD]No.6233 of 2019 27.04.2019 DSS KK/SAR/21.05.2019/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/