P.Mosus John Samuel 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.897 of 2019 and Crl.M.P.(MD)Nos.386 and 392 of 2019 P.Mosus John Samuel : Petitioner/Accused No.I Vs.

1.The Inspector of Police, Ponmalai Police Station, Tiruchirapalli City, (Crime No.354/12) : Respondent/Complainant 2.Viswasree : Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.35 of 2017 on the file of the Judicial Magistrate Additional Mahila Court, Tiruchirapalli and quash the same as against this petitioner.

For Petitioner : Mr.S.C.Herold Singh For R-1 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R-2 : Mr.S.M.Sidharthan

ORDER

The Criminal Original Petition has been filed to quash the impugned charge sheet in C.C.No.35 of 2017, on the file of the learned Judicial Magistrate Additional Mahila Court, Tiruchirapalli, for the alleged offences under Sections 294(b), 506(ii) IPC and Section 4 of Women Harassment Act. The offences are chiefly private in nature.

2. This Court earlier referred this matter to the Mediation and Conciliation Center attached to this Bench, wherein the issue between the parties is settled amicably and the Mediation Centre has also sent its report to this Court.

3. Under such circumstances, no useful purpose will be served in keeping the proceedings 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 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 impugned charge sheet in C.C.No.35 of 2017, on https://hcservices.ecourts.gov.in/hcservices/

the file of the learned Judicial Magistrate Additional Mahila Court, Tiruchirapalli.

4. This Criminal Original Petition stands allowed and as a sequel, the impugned charge sheet in C.C.No.35 of 2017, on the file of the learned Judicial Magistrate Additional Mahila Court, Tiruchirapalli, is quashed and the terms of Mediation Report shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1,000/-, 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. Consequently, connected miscellaneous petitions are closed. sd/ Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar(CS ) Encl.: Xerox Copy of Mediation Report To 1.The Judicial Magistrate / Additional Mahila Court, Tiruchirapalli 2.The Inspector of Police, Ponmalai Police Station, Tiruchirapalli City, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

District Siddha Medical Officer, CCRI, Periyakulam ( payable in Account No.10767823177, SBI, Periyakulam) +1 CC to Mr.S.C.HEROLD SINGH, Advocate (SR-58051 dated 01/04/2019 ) Crl.O.P.[MD]No.897 of 2019 28.03.2019 https://hcservices.ecourts.gov.in/hcservices/ ta MK (17.06.2019) 3P 6C