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Madras High CourtCRL OP(MD)/4397/2022allowed

Aravind Kumar v. The Sub Inspector Of Police

2022-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.4397 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.4397 of 2022 in Crl.M.P.(MD)No.3133 of 2022

1. Aravind Kumar

2. Alagar

3. Chandra

4. Asaithambi

5. Maragathavalli

...Petitioners/Accused 1-5

Vs.

1. The Sub Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

(Crime No.11 of 2015) ... Respondent/Complainant

2. Shobana ... Respondent/Defacto Complainant Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records in connection with case in C.C No.282 of 2022 on the file of the learned Judicial Magistrate Court, Karaikudi and quash the same.

For Petitioners : Mr.M.Solaisamy For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.M.Kanthi

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.282 of 2022, on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District, for an alleged offences under Sections 498(A), 406 IPC and Section 4 of Dowry Prohibition Act.

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.

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.

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Crl.O.P.(MD)No.4397 of 2022 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 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 Charge Sheet in C.C.No.282 of 2022 pending on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.282 of 2022 pending on the file of the learned Judicial Magistrate, Karaikudi, Sivagangai District, is quashed insofar as all the accused concerned and the terms of joint compromise memo shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (Crl.) // True Copy // / /2022 Sub Assistant Registrar(CS) Enclosure:- Joint Compromise Memo To:

1.The Judicial Magistrate, Karaikudi, Sivagangai District.

2.The Sub Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

+2 cc to Mr.M.SOLAISAMY, Advocate, SR.No.11275 ORDER IN Crl.O.P.(MD)No.4397 of 2022 in Crl.M.P.(MD)No.3133 of 2022 08.03.2022 SA(18.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2