Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.05.2019

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Crl.O.P.[MD].No.6993 of 2019 1.Raja 2.Raniyammal 3.A.Karuppaiyan 4.Radhika : Petitioners / Accused Nos.1-4 Vs.

1.The Inspector of Police, All Woman Police Station, Kumbakonam, Thanjavur District, [Crime No.6 of 2018] : Respondent / Complainant 2.Madheswari : Respondent / Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the Crime No.6 of 2018, dated 04.09.2018, on the file of the 1st respondent Police and to quash the same.

For Petitioners : Mr.P.Yasmin Begum For R-1 : Mr.K.K.Ramakrishnan, Additional Public Prosecutor For R-2 : Mr.K.Srinivasaragavan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Cr.No.6 of 2018, on the file of the first respondent police, for the alleged offences under Sections 498(A) and 506 (ii) of IPC and Section 4o f Dowry Prohibition Act. 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 respondent Police. This Court https://hcservices.ecourts.gov.in/hcservices/

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 Cr.No.6 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.6 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. Sd/- Assistant Registrar (vo) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of Joint Compromise Memo To 1.The Inspector of Police, All Woman Police Station, Kumbakonam, Thanjavur District, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.SRINIVASARAGAVAN, Advocate ( SR-66139[F] dated 20/05/2019 ) dsk Crl.O.P.[MD].No.6993 of 2019 16.05.2019 KM/(24.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/