Stalin Wesley v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8027 of 2022 1.Stalin Wesley 2.Arulsamy 3.Leethiyal 4.Esthar Rajathi 5.Hebziba
...Petitioners/Accused 1 to 5
Vs.
1.The Inspector of Police, All Women Police Station Sivagangai, Sivagangai District.
(Crime No.20/2021) ...1st Respondent/Complainant 2.Suganya ...2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the First Information Report in Crime No.20/2021 on the file of the first respondent police and quash the same as illegal as against the petitioners/accused.
For Petitioners : Mr.K.Anandaraj For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.M.Silambarasan
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.20/2021 on the file of the first respondent police, for an alleged offences under Sections 498(A), 294(b) and 406 of IPC and Section 4 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. https://hcservices.ecourts.gov.in/hcservices/
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 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.20/2021 on the file of the first respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.20/2021 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.
Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Encl: Photocopy of Compromise Memo.
To 1.The Inspector of Police, All Women Police Station Sivagangai, Sivagangai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2 CC to M/s.K. ANANDRAJ, Advocate ( SR-22163[F] dated 28/04/2022 ) Crl.O.P.(MD).No.8027 of 2022 28.04.2022 MGJ(25.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/