Govindan v. The Inspector Of Police
Crl.O.P.(MD) No.6585 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.6585 of 2022 1.Govindan 2.Mookkandi 3.Mariammal 4.Vanaja
...Petitioners/Accused No 1 to 4
Vs.
1. The Inspector of Police, V K puram Police Station, Tirunelveli District.
(Ref.Crime No.643/2021) ... 1st Respondent/Complainant
2. M.Maharajakani ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to call for the records pertaining to the case in Crime.No. 643/2021 on the file of the 1st respondent i.e, the Inspector of Police, VK Puram Police Station, Tirunelveli district and quash the same and all further proceedings. For Petitioner : Mr.S.Balasubramanian For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R2 : Mr.B.Mahendra Rajan
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime.No. 643/2021, on the file of the first respondent police, for an alleged offences under Sections 417, 376. 294(b) and 506(2) 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.
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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD) No.6585 of 2022 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. 643/2021 pending on the file of the first respondent police.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime.No. 643/2021 pending on the file of the first 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 credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 13.04.2022 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.
Sd/- Assistant Registrar (RTI) // True Copy // 11/04/2022 Sub Assistant Registrar(CS-II) lr ENCL:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, V K puram Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI - 9.
Crl.O.P.(MD) No.6585 of 2022 08.04.2022 KMK(CO) GC(11.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2