Edward Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.Edward Raja 2.Vallarasu @ Vallarasu Pandi 3.Jaison @ Jaison Muthupandi 4.Yesuraja @ Jesuraja 5.Soosai Anthony : Petitioners/Accused Nos. 1 to 5 Vs.

1.State Rep. by The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

(Crime No.212 of 2018) : 1st Respondent/Complainant 2.Nirmala :2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to permit to us compound the offence and quash all the further proceedings in C.C.No.1580 of 2019, on the file of the Additional Mahila Court, Tirunelveli in connection with Crime No.212 of 2018, on the file of the first respondent. For Petitioners : Mr.S.M.Mohan Gandhi For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : Mr.M.Perumal

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.1580 of 2019, on the file of the Additional Mahila Court, Tirunelveli, for the offences punishable under Sections 147, 294(b) and 506(2) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, in Crime No.212 of 2018.

2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

1/3

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.S.Athimoolam, SSI of 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 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 proceedings in C.C.No.1580 of 2019.

5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.3,000/- (Rupees Three thousand only) as costs to the Credit of the Annai Sathya Memorial Government Children Home, Madurai and filed the original cash receipt along with this memo on 20.02.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.1580 of 2019, on the file of the Additional Mahila Court, Tirunelveli, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) Sji Encl: Xerox copy of joint compromise memo To 1.The Additional Mahila Court, Tirunelveli.

2.The Inspector of Police, Sivanthipatti Police Station, Tirunelveli District.

2/3

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

+1 CC to Mr.S.M.MOHAN GANDHI, Advocate ( SR-7473[F]dated 21/02/2020 ) 20.02.2020 VB(06.03.2020) 3P 5C 3/3