Veerakumar v. The Inspector Of Police

Crl.O.P.(MD)No.5640 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.03.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.5640 of 2022 1.Veerakumar 2.Gomathi 3.Nagajothi 4.Saravana Kumar 5.Sivaperumal ... Petitioners/Accused 1 to 5 Vs.

1.State represented by the Inspector of Police, All Women Police Station, Rameswaram, Ramanathapuram District.

... Respondent/Complainant Crime No.1 of 2019.

2.Veera Brindha ... Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records of the first respondent FIR No.1 of 2019 dated 18.02.2019 (on the file of the Inspector of Police, All Women Police Station, Rameswaram, Ramanathapuram District) and quash the same as illegal.

For Petitioners : Mr.T.Selvam For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) For R-2 : M/s.K.Abiya

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioners in Crime No. 1 of 2019 on the file of the first respondent for the alleged offences under Sections 498(A) and 406 of I.P.C read with Sections 4 and 6 of Dowry Prohibition Act, 1961.

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Crl.O.P.(MD)No.5640 of 2022

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.

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.1 of 2019 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.1 of 2019.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.1 of 2019 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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. To 1.The Inspector of Police, All Women Police Station, Rameswaram,Ramanathapuram District.

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

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