Karuppasamy v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.983 of 2019 Karuppasamy : Petitioner/Petitioner Vs.

1.The Inspector of Police, Thallakulam Police Station, Madurai District (Crime No.1579 of 2018) :1stRespondent/Complainant 2.Sushma : 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with Crime No.1579 of 2018 on the file of the Inspector of Police, Thalakulam Police Station, Madurai and quash the same in so far as the petitioner is concerned.

For Petitioner : Mr.N.Balakrishnan For R-1 : Mr.V.Neelakandan, Additional Public Prosecutor For R-2 : Mr.S.Ramakrishnan

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.1579 of 2018 on the file of the Inspector of Police, Thalakulam Police Station, Madurai, for the alleged offences under Sections 294(b), 323, 506(1) IPC and Section 34 of Tamilnadu Prohibition of Harassment of Women Act and Section 67 A of Information Technology Act, 2002. The offences are chiefly private in nature.

2. The case is pending 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 has been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by the police attached to the first respondent police. 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 proceedings pending, even though, the offence involved is not compoundable in nature. In the light of the guidelines given https://hcservices.ecourts.gov.in/hcservices/

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 First Information Report in Crime No.1579 of 2018 on the file of the Inspector of Police, Thalakulam Police Station, Madurai. 5.This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.1579 of 2018 on the file of the Inspector of Police, Thalakulam Police Station, Madurai.is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.

1000/- as costs, to the credit of the "Chief Justice Relief Fund" (payable in Account Section of the High Court Registry, Madurai Bench), 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 (CS-II) // True Copy // Sub Assistant Registrar(CS ) Enclose: Xerox Copy of Joint Comporomise Memo. To 1.The Inspector of Police, Thallakulam Police Station, Madurai District.

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

Copy to:

The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.N.BALAKRISHNAN, Advocate SR-56213. Crl.O.P.[MD]No.983 of 2019 21.03.2019 CS: (06/06/2019) 3P 5C https://hcservices.ecourts.gov.in/hcservices/