Madras High CourtCRL OP(MD)/8862/2020allowed

S.Jeyam Ananth v. The Inspector Of Police

2020-08-25Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.8862 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8862 of 2020 1.S.Jeyam Ananth 2.M.Vasantha 3.M.Shanthi 4.S.Mahendra Boss ... Petitioners / Accused Nos.1 to 4 Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Tirunelveli Town, Tirunelveli City.

... 1st Respondent / Complainant 2.P.Mariselvi ... 2nd Respondent / Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to case in Crime No.3 of 2020 pending on the file of the Inspector of Police, All Women Police Station, Tirunelveli Town, Tirunelveli City, and quash the same as against the petitioners.

For Petitioners : Mr.R.Anand For R1 : Mr.APG.Ohm Chairma Prabhu Government Advocate For R2 : Mr.P.Samuel Gunasingh

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.3 of 2020, for the offences punishable under Sections 498(A), 406 and 506(i) of I.P.C. and Section 4 of Dowry Prohibition Act, 1961, dated 05.03.2020 on the file of the first respondent police.

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 petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court through video conferencing and they were identified by Mrs.S.Valli, Sub-Inspector of Police, All Women Police Station, Tirunelveli Town, Tirunelveli City. This Court also enquired both the parties and was https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8862 of 2020 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. Furthermore, the offences involved are not compoundable in nature. Hence, 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.3 of 2020.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.3 of 2020, 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. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) rm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

Encl: Xerox copy of Joint Compromise Memo To The Inspector of Police, All Women Police Station, Tirunelveli Town, Tirunelveli City.

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

Crl.O.P.(MD)No.8862 of 2020 25.08.2020 VB (11.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2