Saravanakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.4628 of 2022
1. Saravanakumar
2. Periyasamy
3. Jeyalakshmi
4. Vasanthi ... Petitioners/Accused Nos.1 to 4 Vs.
1. The State represented by The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.
(Crime No.34 of 2020) ... 1st Respondent/Complainant
2. Thanga Jothi ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records relating to the impugned FIR in Crime No.34 of 2020 dated 15.09.2020, on the file of the first respondent herein and quash the same.
For Petitioners : Mr.K.Rajeshwaran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side) for R.1 Mr.N.Sathishwaran for R.2
ORDER
The Criminal Original Petition has been filed to quash the FIR as against the petitioners in Crime No.34 of 2020 on the file of the first respondent for the alleged offences under Sections 498(A) and 406 IPC.
2. The case is under investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
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3. A Joint Memo of Compromise has been filed before this Court which has 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 FIR in Crime No.34 of 2020 pending on the file of the first respondent, 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 FIR in Crime No.34 of 2020. However, the proceedings in (Crime No.34 of 2020) is culminated to C.C.No.09 of 2022 on the file of the learned Judicial Magistrate No.4, Thoothukudi.
5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in (Crime No.34 of 2020) is culminated to C.C.No.09 of 2022 on the file of the learned Judicial Magistrate No.4, Thoothukudi and the terms of Joint Memo of Compromise 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 23.03.2022 and the receipt of payment shall be produced before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.
Sd/- Assistant Registrar(ad-i) // True Copy // / /2022 Sub Assistant Registrar(CS) ENCL.: Xerox copy of Joint Compromise memo.
mga 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. 2/3
To
1. The Judicial Magistrate No.IV, Thoothukudi.
2. The Inspector of Police, All Women Police Station, Thoothukudi, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The District Siddha Medical Officer, CCRI, Periyakulam.
+1 CC to M/s.K.RAJESHWARAN, Advocate ( SR-11466[F] dated 11/03/2022 ) +1 CC to M/s.K.RAJESHWARAN, Advocate ( SR-11781[F] dated 14/03/2022 ) Crl.O.P(MD)No.4628 of 2022 11.03.2022 sj(CO) TR(15.03.2022) 3P 7C 3/3