Aravindkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.9909 of 2018 Aravindkumar : Petitioner Vs.

1.The Inspector of Police, Illayangudi Police Station, Sivagangai District.

[Crime No.42 of 2018].

2.Bharathi : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to Crime No.42 of 2018 on the file of the Inspector of Police, Ilayankudi Police Station, Sivagangai District and quash the same by accepting the joint compromise memo dated 13.06.2018.

For Petitioner : Mr.M.Saravanakumar For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.R.Mathiyalagan

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.42 of 2018 on the file of the first respondent police, for an alleged offences under Sections 354(A), 354(D), 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act Act 2002.

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. The parties were also present before the Court and they were identified by Mr.R.Muthuraja, SSI of Police and they have also produced the copies of the Aadhaar Card which are 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. https://hcservices.ecourts.gov.in/hcservices/

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 Crime No.42 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.42 of 2018, 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. The petitioner shall pay a sum of Rs.500/- [Rupees Five Hundred only] as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Committee), 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(AD-II) /TRUE COPY/ Sub Assistant Registrar(CS-I) To 1.The Inspector of Police, Illayangudi Police Station, Sivagangai District.

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

COPY TO:

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

+2. C.C. to M/S.M.Saravanakumar, Advocate SR.No. 83498 Crl.O.P.[MD].No.9909 of 2018 11.09.2018 JM/RP/SAR 1/12.09.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/