S.Balamurugan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2018
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH HANDIRA Crl.O.P.[MD].No.20485 of 2018 1.S.Balamurugan 2.S.Sundarajan 3.S.Bhanumathi 4.S.Sathishkumar 5.S.Karthik : Petitioners/Accused 1 to 5 Vs.
1. State Represented Through The Inspector of Police, All Women Police Station Town, Madurai City, Madurai District.
[Crime No.7 of 2016] :Respondent No.1/Complainant 2.Hemalatha : Respondent No.2/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the charge sheet made in C.C.No.343 of 2016 on the file of the Additional Mahila Court, Madurai. For Petitioners : Mr.D.Sadiq Raja For R-1 : Mr.R.Anandharaj Additional Public Prosecutor For R-2 : Mr.Sam Eugine Jebakumar
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.343 of 2016, on the file of the learned Additional Mahila Court, Madurai, for an alleged offences under Sections 498(A), 417, 294(b), 506(i), 354(A), r/w 109 I.P.C and Section 4 of Tamil Nadu Prohibition of Women Harassment Act.
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 has 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 copies of their Aadhaar Cards, 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.
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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 charge sheet in in C.C.No.343 of 2016.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.343 of 2016, on the file of the learned Additional Mahila Court, Madurai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.2,000/- (Rupees Two Thousand Only) as costs, to the credit of the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai, within a period of two weeks 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. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(RECORDS) /True Copy/ Sub Assistant Registrar(CS-II) Encl:Xerox Copy of joint Compromise Memo To
1. The Additional Mahila Court, Madurai.
2. The Inspector of Police, All Women Police Station Town, Madurai City, Madurai District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4. The Officer incharge, Legal Service Authority, Madurai Bench of Madras HighCourt, Madurai.
+1cc to Mr.D.Sadiq Raja,Advocate Sr.No.95940 DAS KM/RSK/SAR3/20.12.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.[MD].No.20485 of 2018 16.11.2018