Karuppasamy 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.14591 of 2018 1.Karuppasamy 2.Muniyammal @ Muneeswari 3.Alagar @ Alagan : Petitioners/Accused No.1 to 3 Vs.
1.The State through The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.
[Crime No.22 of 2015].
: 1st Respondent/Complainant 2.Mahalakshmi : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the proceedings in C.C.No.4 of 2016 on the file of the learned Judicial Magistrate No.II, Virudhunagar and quash the same.
For Petitioners : Mr.G.Mariappan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.K.Seenu Ramachandran
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.4 of 2016 on the file of the learned Judicial Magistrate No.II, Virudhunagar, for alleged offences under Section 498(A) of IPC r/w Section 4 of Dowry Prohibition Act @ Sections 498 (A), 324 of IPC and 4 of the 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. The parties were also present before the Court and they were identified by Ms.A.Rajeswari, SI of Police and they have also produced the copies of the Aadhaar 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.4 of 2016.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.4 of 2016, on the file of the learned Judicial Magistrate No.II, Virudhunagar, 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.500/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Authority, Chennai), 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-III) // True Copy // Sub Assistant Registrar(CS-I) ENCL: Xerox copy of Compromise Memo is enclosed. To 1.The Judicial Magistrate No.II, Virudhunagar. 2.The Inspector of Police, All Women Police Station, Virudhunagar, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The Member Secretary, Tamil Nadu State Legal Services Authority, Madras High Court Campus, Madras.
+1 CC To MR.K.SEENURAMA CHANDRAN, Advocate SR. NO.79243 +1 CC To MR.G.MARIAPPAN, Advocate SR. NO. 79244 Crl.O.P.[MD].No.14591 of 2018 SJI TR/SV/SAR-(18.09.2018)3P 7C