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Madras High CourtCRL OP(MD)/3184/2022allowed

Immanuel Johni v. The Inspector Of Police

2022-02-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.3184 of 2022 1.Immanuel Johni 2.Greatta 3.Savari 4.Menaka

...Petitioners/Accused No.1 to 4

Vs.

1.The State representation through the the Inspector of Police, Tuticorin South Police Station, Thoothukudi.

(Crime No.829/2021) ...1st Respondent/Complainant 2.Mastika ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in the impugned First Information Report in Crime No.829 of 2021 on the file of the respondent No.1 and quash the same as illegal.

For Petitioners : Mr.S.M.A.Jinnah For R-1 : Mr.B.Thanga Aravindh Government Advocate (Crl. Side) For R-2 : Mr.S.Manoj Kumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.829 of 2021, on the file of the first respondent police, for an alleged offences under Sections 294(b), 324, 354, and 506(ii) of IPC read with Section 4 of Tamil Nadu Prohibition of Woman Harassment 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.

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 https://hcservices.ecourts.gov.in/hcservices/

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.1 of 2022 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.829 of 2021, on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 23.02.2022.

Sd/- Assistant Registrar (CS I) // True Copy // 22/02/2022 Sub Assistant Registrar(CS II) Lm Encl: Photocopy of Compromise Memo attached.

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, Tuticorin South Police Station, Thoothukudi.

(Crime No.829/2021) 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

COPY TO:

The District Siddha Medical Officer, CCRI, Periyakulam MGJ 2P 4C 22/02/2022 Crl.O.P.(MD).No.3184 of 2022 21.02.2022 https://hcservices.ecourts.gov.in/hcservices/