Arunkumar v. The Sub Inspector Of Police

CRL OP(MD). No.6453 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL OP(MD). No.6453 of 2022 Arun Kumar ... Petitioner/Sole Accused Vs

1. State represented by The Sub Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

(Crime No.527 of 2021) ...1st Respondent/Complainant

2. Saravana Pattu ...2nd Respondent/Defacto Complainant PRAYER :- This Criminal Original Petition filed under Section 482 Cr.P.C.to call for the records pertaining to the Charge Sheet in P.R.C.No. 50 of 2021 on the file of the Judicial Magistrate, Ambasamudram in Crime.No. 527 of 2021 on the file of the Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District, and quash the same and pass such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice.

For petitioner : Mr.S.Sathya Chidambaram For Respondent : Mr.R.M.Anbunithi, R1 Additional Public Prosecutor R2 : Mr.B.Santhanam Rajeshkumar

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in P.R.C.No.50 of 2021, on the file of the learned Judicial Magistrate, Ambasamudram, for an alleged offences under Sections 294(b), 324, 307, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Woman 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 petitioner and the second respondent and also by their respective counsel.

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

CRL OP(MD). No.6453 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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Charge Sheet in P.R.C.No.50 of 2021 pending on the file of the learned Judicial Magistrate, Ambasamudram.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.50 of 2021 pending on the file of the learned Judicial Magistrate, Ambasamudram, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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 Enclose copy of Joint Compromise memo.

1.The Judicial Magistrate, Ambasamudram

2. The Sub Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

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

CRL OP(MD). No.6453 of 2022 Date : 07/04/2022 RK(20/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2