Maharaja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.9918 of 2018 1.Maharaja 2.Rajalakshmi 3.Mahalingam 4.Sundarrajan :Petitioners/Respondents Nos.1 to 4 Vs.

1.Inspector of Police, All Women Police Station (South) Thilagar Thidal, Madurai City.

(In Crime No.8 of 2017) :1st Respondent/Complainant 2.Gayathri :2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the charge sheet in C.C. No.164 of 2017 on the file of the Additional Mahila Court (Magistrate Level), Madurai and quash the same as illegal. For Petitioners : Mr.R.Gandhi For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R-2 : Mr.R.Swaminathan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.164 of 2017 pending on the file of the learned Additional Mahila Court (Magistrate Level), Madurai, for an alleged offences under Sections 420 and 120(b) of IPC.

2. The case is still in 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. In order to identify the respective parties they have also produced the copy

of the Aadhaar Card which is made part of the record. 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 Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in C.C.No.164 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.164 of 2017 pending on the file of the learned Additional Mahila Court (Magistrate Level), Madurai, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioners (together) shall pay a sum of Rs.1,000/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Authority, Chennai) 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 reporting compliance in the Registry.

Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS-III) Encl: Joint Memo of Compromise To 1.The Additional Mahila Court (Magistrate Level), Madurai.

2.Inspector of Police, All Women Police Station (South) Thilagar Thidal, Madurai City.

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

4.The Member Secretary, Tamil Nadu State Legal Services Authority, Madras High Court Campus, Chennai.

Copy to The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

(to list the matter for Reporting Complaince) +1 CC To MR.R.GANDHI, Advocate SR. NO. 80233 Crl.O.P.[MD].No.9918 of 2018 23.08.2018 GNS TR/PM/SAR-III(25.09.2018)3P 7C