Arunachalam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.13773 of 2018 1.Arunachalam 2.Vairavapattar 3.Gandhiammal 4.Chellaiya 5.Jeyamkondan 6.Ganesan 7.Sivabalan 8.Chellakannu ... Petitioners/ Accused Nos.1 to 8 Vs.

1. The State Represented by the Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai District.

(In Crime No.1 of 2014) ... Respondent / Complainant

2. Chandralekha ... Respondent /De-facto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.148 of 2014 pending on the file of the learned Judicial Magistrate, Thiruppathur and quash the same in respect of the petitioner as illegal.

For Petitioners : Mr.B.Senthil Nathan For R1 : Mr.M.Chandrasekaran Additional Public Prosecutor For R2 : Mr.K.C.Maniyarasu

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.148 of 2014 on the file of the learned Judicial Magistrate, Thiruppathur, for alleged offences under Sections 498(A), 406, 109, 494, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act.

2. The case is still in 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. In order to identify the respective parties they have also produced the copy of the Aadhaar Card and the same is made part of the record. 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 proceeding in C.C.No.148 of 2014 pending, 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 C.C. No.148 of 2014, on the file of the learned Judicial Magistrate, Thiruppathur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C. No.148 of 2014, on the file of the learned Judicial Magistrate, Thiruppathur, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-III) Encl.:Xerox Copy of Joint Compromise Memo To

1. The Judicial Magistrate, Thiruppathur.

2. The Inspector of Police, All Women Police Station, Thiruppathur, Sivagangai District.

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

Copy to:

The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.B.Senthil Nathan, Advocate SR.No.78654 Rmk MK/SKN/SAR 3/30.08.2018/3P/6C Crl.O.P.(MD).No.13773 of 2018 13.08.2018