Balasundaram@Dhayaram v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.14613 of 2018 1.Balasundaram @ Dhayaram 2.Shanthi 3.Chandrasekaran 4.Rajeshwari 5.Solairaj : Petitioners/Accused No.1 to 5 Vs.
1.The Inspector of Police, All Women Police Station, Srivilliputtur, Virudhunagar District.
[Crime No.11 of 2014].
: 1st Respondent/Complainant 2.Rajalakshmi @ Rani : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to admit this petition on file and quash the proceedings in C.C.No.217 of 2014 on the file of the learned Judicial Magistrate No.II, Srivilliputtur in pursuance of the joint compromise memo filed by the petitioners and the second respondent. For Petitioners : Mr.Antony S.Prabahar For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : M/s.C.Arockia Selvi
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.217 of 2014 on the file of the learned Judicial Magistrate No.II, Srivilliputtur, for an alleged offences under Sections 498(A) and 406 of IPC and Section 4 of Dowry Prohibition 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 copies of the Aadhaar https://hcservices.ecourts.gov.in/hcservices/
Card which are 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 proceedings in C.C.No.217 of 2014.
5. This Criminal Original Petition stands allowed accordingly. Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Judicial Magistrate No.II, Srivilliputtur. 2.The Inspector of Police, All Women Police Station, Srivilliputtur, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.[MD].No.14613 of 2018 20.08.2018 sji JM/KAK/SAR 3/06.09.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/