Natarajan v. The Inspector Of Police

Crl.O.P.(MD)No.7607 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.7607 of 2020 Natarajan ... Petitioner Vs.

1.The Inspector of Police, Othakadai Police Station, Madurai District.

(Crime No.438 of 2016) 2.Indira ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the FIR in Crime No.438 of 2016 dated 12.08.2016 on the file of the respondent No.1 and quash the same as illegal.

For Petitioner : Mr.R.Venkatesan For R-1 : Mr.S.Chandrasekar, Additional Public Prosecutor For R-2 : Mr.S.Varatharajan

O R D E R

This criminal original petition has been filed to quash the case registered in crime No.438 of 2016 on the file of the first respondent Police Station, for the offence punishable under Sections 294(b), 324, 506(ii) IPC and Section 4 of the Tamil Nadu Prohibition of Women Harassment 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 has been signed by the petitioner, second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court through video conferencing and they were identified by Mr.Ananthathandavam, Inspector of Police, Othakadai Police Station, Madurai. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.7607 of 2020 Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report in crime No.438 of 2016 pending on the file of the first respondent Police.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, FIR in crime No.438 of 2016 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. Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) Gns 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.

Encl:- Memo of Compromise dated 06.07.2020 in original To 1.The Inspector of Police, Othakadai Police Station, Madurai District.

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

Crl.O.P.(MD)No.7607 of 2020 31.07.2020 KB(18.08.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2