Nirmalraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8893 of 2021 1.Nirmalraj 2.Duraipandi 3.Dhayalan 4.Vanaja 5.Nishanthi 6.Suganya Harshini
...Petitioners
Vs.
1.State rep. by The Inspector of Police, All Women Police Station Vadamadurai, Dindigul District (Crime No.15/2020) ... 1st Respondent / Complainant 2.Karthika ... 2nd Respondents / Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the FIR in Crime No.15/2020, dated 08.12.2020, pending on the file of the respondent police quash the same insofar as the petitioners are concerned.
For Petitioners : Mr.S.Sarvagan Prabhu For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.P.Jeyasankar
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No. 15/2020, on the file of the first respondent police, for an alleged offences under Sections 107, 147, 148, 294(b), 323, 352, 494, 498(A) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. 1/3
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.
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.15/2020 pending on the file of the first respondent police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.15/2020, on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order.
Further, the petitioners 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 02.05.2022 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(T & P) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Encl.: xerox copy of Joint Compromise memo.
To 1.The Inspector of Police, All Women Police Station Vadamadurai, Dindigul District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 2/3
Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
+1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-20984[F] dated 25/04/2022 ) Crl.O.P.(MD).No.8893 of 2021 25.04.2022 sr(CO) TR(27.04.2022) 3P 5C 3/3