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Madras High CourtCRL OP(MD)/4771/2022allowed

Ramesh v. The Inspector Of Police

2022-03-14Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.4771 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.4771 of 2022 1.M.Ramesh 2.Mallika 3.Ajay @ Ajay Jeevan

...Petitioners/

Accused No.1, 2 & 4 Vs.

1. State rep. by The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

(Crime No. 504 of 2021)

2. Muthammal

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records relating to the First Information Report in Crime.No. 504 of 2021 on the file of the 1st respondent police and quash the same Accused 1,2 and 4. For Petitioners: Mr.M.Anbarasan For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.R.Jagadeeswaran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime.No. 504 of 2021 on the file of the 1st respondent police, for an alleged offences under Sections 294(b), 323, 324, 427, and 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.4771 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 First Information Report in Crime.No. 504 of 2021 on the file of the 1st respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime.No. 504 of 2021 on the file of the 1st respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order.

Further, the petitioners shall pay a sum of Rs.5,000/- 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 21.03.2022 and the receipt of payment shall be produced before the first respondent, failing which the order shall stand dismissed automatically without any further reference to this Court.

1. The Inspector of Police, Thoothukudi South Police Station, Thoothukudi District.

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

Copy to The District Siddha Medical Officer, CCRI, Periyakulam in State bank of India, Periyakulam Branch +1 CC to Mr.R.JEGADEESWARAN, Advocate (SR-11948[F] dated 14/03/2022) Crl.O.P.(MD) No.4771 of 2022 14.03.2022 MK/15.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2