Pramod Vigneshwar Premnath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2018

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No.21746 of 2018 1.Pramod Vigneshwar Premnath 2.N.J.Premnath 3.Ragini Premnath

...Petitioners/Accused No.1 to 3

/vs./ 1.The State represented by Inspector of Police, All Women Police Station, Thallakullam, Madurai.

(Crime No.39 of 2018) ...1st Respondent/ Complainant 2.S.Manickapriya ...2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the impugned First Information Report in Crime No.39 of 2018 on the file of the AWPS, Thallakulam and quash the same as illegal.

For Petitioners: Mr.Henri Tiphagne For R-1 : Mr.R.Anandharaj Additional Public Prosecutor For R-2 : Mr.M.Vivek kumar

ORDER

This Criminal Original Petition has been filed to quash First Information Report in Crime No.39 of 2018 on the file of the AWPS, Thallakulam, as against the petitioners.

2.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. The petitioners and the second respondent were also present in person before this Court and they were identified by the respondent police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/

4.Under such circumstances, no useful purpose will be served in keeping the proceedings in Crime No.39 of 2018 pending. 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 proceedings in Crime No.39 of 2018, as against the petitioners herein.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.39 of 2018, on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, by way of a crossed Cheque or by means of Demand Draft in favour of the ''Chief Minister's Public Relief Fund'' and hand it over to the Registrar (Judicial) of the Madurai Bench of Madras High Court, Madurai, 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 for reporting compliance in the Registry. Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar(cs-III) To 1.The Inspector of Police, All Women Police Station, Thallakullam, Madurai.

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

Copy To:

1.The Registrar(Judicial) Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.Henri Tiphagne Advocate in SR.No.98997 Crl.O.P.(MD)No.21746 of 2018 06.12.2018 SM SPRSK SAR3 21.12.2018 2P 5C https://hcservices.ecourts.gov.in/hcservices/