P.Sooriyan v. The Inspector Of Police
Crl.O.P.(MD)No.8983 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.8983 of 2020 1.P.Sooriyan 2.Gundumalai @ A.Alagumalai 3.Indirani @ Indirani Pandi 4.Sumitha ... Petitioners / Accused Nos.1 to 4 Vs.
1.The State represented by its The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
(In Crime No.121 of 2016) ... 1st Respondent / Complainant 2.M.Pandiselvi ... 2nd Respondent / Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the case in Crime No.121 of 2016 on the file of the first respondent Police Station, by accepting the Joint Compromise memo dated 15.03.2020.
For Petitioners : Mr.R.Gowrishankar For R1 : Mr.APG.Ohm Chairma Prabhu Government Advocate For R2 : Mr.S.Karthikeyan
O R D E R
The Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.121 of 2016, for the offences punishable under Sections 448, 294(b), 354 and 506(i) of I.P.C. and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, read with Section 4 of Tamil Nadu Charging Exorbitant Interest Act, dated 29.02.2016 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 Mr.Suresh, https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD)No.8983 of 2020 Sub-Inspector of Police, Thirumangalam Town Police Station, Madurai District. This Court also enquired both the parties and was 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.121 of 2016.
5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.121 of 2016, 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 (AD-II) // 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 copyn of Joint Compromise Memo.
To 1.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R. GOWRI SHANKAR, Advocate ( SR-15202[F] dated 28/08/2020 ) Crl.O.P.(MD)No.8983 of 2020 27.08.2020 VB (08.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2