D. Panneerdoss@ Rajiv Sam 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.14307 of 2018 D.Panneerdoss @ Rajiv Sam

...Petitioner / Sole Accused

Vs.

1. The State Represented by the Inspector of Police, Suseendram Police Station, Kanyakumari District.

(In Crime No.128 of 2017) (Now transferred to) The Inspector of Police, All Women Police Station, Kanyakumari District.

...Respondent No.I/ Complainant

2.S.Jeyashree

...Respondent No.2 /De-facto

complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in crime No.128 of 2017 on the file of the first respondent police and quash the same as arbitrary and illegal by allowing this criminal original petition.

For Petitioner :Mr.A.Jayaramachandran For R1 :Mr.M.Chandrasekaran Additional Public Prosecutor For R2 :Mr.S.Veluchamy

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.128 of 2017, for an alleged offences under Sections 365, 342, 376(c) and 506(i) I.P.C, 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 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 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.128 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.128 of 2017, 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. The petitioner shall pay a sum of Rs.2,000/- (Rupees Two Thousand 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(W) /True Copy/ Sub Assistant Registrar(CS-II) Encl: Xerox Copy of Joint Compromise Memo To

1. The Inspector of Police, Suseendram Police Station, Kanyakumari District.

2. The Inspector of Police, All Women Police Station, Kanyakumari District.

3. 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.A.Jayaramachandran,Advocate SR.No.78492 RMK VB/KAK/SAR2/04.09.2018/3P/7C Crl.O.P.(MD).No.14307 of 2018 13.08.2018