Krishnaveni v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P (MD).No. 7795 of 2022 1.Krishnaveni 2.Kala 3.Meena 4.Goutham 5.Murugesan 6.Selvaraj 7.Vasanthakumar .. Petitioners/Accused 1 to 7 Vs.

1. The Deputy Superintendent of Police, Jeeyapuram, Tiruchirapalli.

2. The Inspector of Police, Pulivalam Police Station, Trichy, Trichy District.

(Crime No.3 of 2020).

... Respondents/Complainants 3.Lalitha ... 3rd Respondent/ Defacto Complainant Prayer : This petition is filed under Section 482 of Cr.P.C., to call for the records relating to the charge sheet laid by the respondents in Spl.S.C.No.17 of 2020 on the file of the I Additional District and Sessions Judge (PCR), Tiruchirapalli and quash the same in so far as the petitioner is concerned.

For Petitioner : Mr.Sivachandran P.

For Respondents : Mr.R.M.Anbunithi No.1 and 2 Additional Public Prosecutor For Respondent : Mr.P.Venkatesan No.3 1/3

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in Spl.S.C.No.17/2020, on the file of the learned I Additional District and Sessions Judge (PCR), Tiruchirapalli, for an alleged offences under Sections 147, 294(b), 323, 506(i) of IPC r/w Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and Section 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.

2.The case is under trial. 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 petitioner and the third 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 Charge Sheet in Spl.S.C.No.17/2020, on the file of the learned I Additional District and Sessions Judge (PCR), Tiruchirapalli.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.17/2020, on the file of the learned I Additional District and Sessions Judge (PCR), Tiruchirapalli, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. Further, the petitioner 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 13.05.2022 and the receipt of payment shall be produced before the concerned Court and the third respondent is directed to return a amount which is said to be received as 'Atrocity Fund' to the District Adi Dravidar Welfare Officer, Trichy, on or before 30.05.2022, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) Pnn Ecnl: Photocopy of Joint Compromise Memo 2/3

To 1.The I Additional District and Sessions Judge (PCR), Tiruchirapalli.

2.The Deputy Superintendent of Police, Jeeyapuram, Tiruchirapalli.

3.The Inspector of Police, Pulivalam Police Station, Trichy, Trichy District.

(Crime No.3 of 2020).

4.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.

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

Copy to:

The District Adi Dravidar Welfare Officer, Trichy +1 CC to M/s.P. SIVACHANDRAN, Advocate ( SR-21601[F] dated 27/04/2022 ) Crl.O.P (MD).No. 7795 of 2022 27.04.2022 MGJ(11.05.2022) 3P 8C 3/3