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Madras High CourtCRL OP(MD)/14248/2018allowed

Mr. A.Sankara Narayanan v. The Inspector Of Police

2018-08-13Honourable Mr Justice N. Anand Venkatesh2 pages

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.14248 of 2018 1.A.Sankara Narayanan 2.N.Arumugam 3.Kannammal

...Petitioners/Accused Nos.1 to 3

Vs.

1.State Represented by The Inspector of Police, All Women Police Station, Thallakulam.

...1st Respondent/Complainant 2.U.Mahalakshmi ...2nd Respondent /De-facto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in FIR registered in Crime No.14 of 2018 dated 27.03.2018 pending on the file of the first respondent police and quash the same against the petitioners. For Petitioner :Mr.S.Raja For R1 :Mr.M.Chandrasekaran Additional Public Prosecutor For R2 : Mr.P.Ravikumar

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.14 of 2018, for an alleged offences under Sections 498(A) and 406 IPC, on the file of the first respondent.

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 has been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.Michael Jerol, SI of Police. 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 https://hcservices.ecourts.gov.in/hcservices/

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.14 of 2018 on the file of the first respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.14 of 2018 on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner 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-I) /True Copy/ Sub Assistant Registrar (CS-I) Encl:- Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, All Women Police Station, Thallakulam.

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

Copy to:

The Section Officer, Accounts Section, Madurai Bench Of Madras High Court, Madurai.

+2CC to Mr.S.Raja Advocate in Sr.No.78788.

RMK DS/SKN-RSK/SAR-1 :21.08.2018: 2P/6C Crl.O.P.(MD).No.14248 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 13.08.2018