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Madras High CourtCRL OP(MD)/13994/2018allowed

Velmurugan v. The Inspector Of Police

2018-08-10Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.13994 of 2018 Velmurugan : Petitioner Vs.

1.The Inspector of Police, Antipatti Police Station, Theni District.

2.Selvi : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and quash the criminal case in Crime No.334 of 2018, on the file of the first respondent. For Petitioner : Mr.J.Praveen For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate [Criminal Side] For R-2 : Mr.D.Vijaya Ragavan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.334 of 2018, on the file of the first respondent, for an alleged offences under Sections 452, 294(b), 354 and 324 of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman 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 petitioner and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produce the copy of the Aadhaar Card 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 First Information Report 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 https://hcservices.ecourts.gov.in/hcservices/

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.334 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.334 of 2018, 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. The petitioner shall pay a sum of Rs.1,000/- 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(RTI) /True Copy/ Sub Assistant Registrar(CS-II) Enclosure: Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Antipatti Police Station, Theni District.

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

3.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.[MD].No.13994 of 2018 10.08.2018 sji JM/SKN RSK/SAR 2/03.09.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/