Sathiskumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8367 of 2022 Sathiskumar

...Petitioner/Accused No.1

Vs.

1.State rep. by The Inspector of Police, Pasupathipalayam Police Station Karur District (Crime No.89/2022) ...1st Respondent/Complainant 2.Sathyapriya ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No. 89/2022 on the file of the Inspector of police, Pasupathipalayam Police Station, Karur District and quash the same.

For Petitioner : Mr.B.Santhanam Rajesh Kumar For R-1 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) For R-2 : Mr.S.Sathya Chidambaram

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 89/2022, on the file of the first respondent police, for an alleged offences under Sections 294(b), 323, 343, 313 and 506(i) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women 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 have been signed by the petitioner and the second respondent and also by their respective counsel.

https://hcservices.ecourts.gov.in/hcservices/

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 First Information Report in Crime No. 89/2022, on the file of the first respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 89/2022, on the file of the first respondent police, 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 30.05.2022 and the receipt of payment shall be produced before the first respondent, 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) Lr Encl: Photocopy of Joint Compromise Memo.

To

1. The Inspector of Police, Pasupathipalayam Police Station Karur District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

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

+1 CC to M/s.B. SANTHANAM RAJESH KUMAR, Advocate ( SR-22621[F] dated 29/04/2022 ) Crl.O.P.(MD).No.8367 of 2022 29.04.2022 https://hcservices.ecourts.gov.in/hcservices/ MGJ(06.05.2022) 2P 5C