Madras High CourtCRL OP(MD)/9255/2020allowed

Aathilakshmi v. The Sub Inspector Of Police

2020-09-10Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9255 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9255 of 2020 Aathilakshmi : Petitioner/Sole Accused Vs.

1.The State Represent by The Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

: 1st Respondent/Complainant 2.Ayyammal : 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the First Information Report in Crime No.276 of 2019 on the file of the first respondent and quash the same.

For Petitioner : Mr.T.Balakrishnan For R1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl. side) For R2 : Mr.J.Anandkumar

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.276 of 2019, for the offences punishable under Sections 323 and 506(ii) of I.P.C., 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 petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court through video conferencing and they were identified by Mr.S.Mohandos, Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District. 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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Crl.O.P.(MD)No.9255 of 2020 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.276 of 2019.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 276 of 2019, 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 (C.O) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Enclose: Xerox Copy of Joint Compromise Memo. 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. To

1. The Sub Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

+1 CC to Mr.S.RAVI, Advocate ( SR-16709[F] dated 11/09/2020 ) Crl.O.P.[MD]No.9255 of 2020 10.09.2020 AVS(CO) CS(23.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2