Athisdalakshmi v. The Inspector Of Police
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.14173 of 2018 1.Athisdalakshmi 2.Jeihinthraj 3.Chinnasamy 4.Murugan 5.Anitha 6.Gnanasekaran : Petitioners Vs.
1.The State Represented by The Inspector of Police, Usilampatty Taluk Police Station, Madurai District.
[Crime No.292 of 2017] 2.Pandiyammal : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the Crime No.292 of 2017, on the file of the Usilampatty Taluk Police Station, Madurai District and quash the same.
For Petitioners : Mr.R.Velmurugan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate [Criminal Side] For R-2 : Mr.V.Elaiyaraja
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.292 of 2017, on the file of the Usilampatty Taluk Police Station, Madurai District, for an alleged offences under Sections 147, 148, 294(b), 323, 324, 109 and 506(ii) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act 2002.
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. https://hcservices.ecourts.gov.in/hcservices/
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 which 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 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.292 of 2017.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.292 of 2017, on the file of the Usilampatty Taluk Police Station, Madurai District, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners 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(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) Encl: Xerox copy of Joint Compromise Memo To
1. The Inspector of Police, Usilampatty Taluk Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.
+1CC to Mr.R.Velmurugan, Advocate, SR.No.15365 SJI ES/RP/SAR 3/20.09.2018/2P/5C Crl.O.P.[MD].No.14173 of 2018 10.08.2018 (3/4) https://hcservices.ecourts.gov.in/hcservices/