Madras High CourtCRL OP(MD)/6316/2018affirmative against assessee

Ramakrishnan v. The Sub Inspector Of Police

2018-08-20Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.6316 of 2018 1.Ramakrishnan 2.Ravindran 3.Ranjith 4.Ramya 5.Usha 6.Ranjitha 7.Pappa 8.Raja 9.Muniyan : Petitioners/Accused No.1 to 9 Vs.

1. The State through The Sub-Inspector of Police, Ramanathapuram Town Police Station, Ramnad District.

[Crime No.47 of 2018]. : 1st Respondent/Complainant

2. Mangaleshwari : 2nd Respondents/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the impugned F.I.R in Crime No.47 of 2018 on the file of the first respondent and quash the same.

For Petitioners : Mr.K.Sanjai Gandhi For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.V.Thisai Indiran

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.47 of 2018, on the file of the first respondent police, for an alleged offences under Sections 147, 148, 341, 294(b), 324, 323, 506(ii) and 307 of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

2. The case is still in 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. The parties were also present before the Court and they were identified by https://hcservices.ecourts.gov.in/hcservices/

Ms.S.Lakshmi, SI of Police and they have also produced the copies of the Aadhaar Card which are made part of the record. 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 First Information Report 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 First Information Report in Crime No.47 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.47 of 2018, on the file of the first respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.300/- [Rupees Three Hundred only] as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Committee), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Assistant Registrar(crl side) /True Copy/ Sub Assistant Registrar(CS-III) Encl:Xerox copy of Joint Compromise Memo To

1. The Sub-Inspector of Police, Ramanathapuram Town Police Station, Ramnad District.

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

Copy to The Member Secretary, Tamil Nadu State Legal Services Committee, Madurai.

+1cc to Mr.K.Sanjai Gandhi, Advocate Sr.No.79237 SJI VB/RP/SAR3/05.09.2018/2P/5C Crl.O.P.[MD].No.6316 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/