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.14612 of 2018 1.Balasundaram @ Dhayaram 2.Shanthi 3.Chandrasekaran 4.Rajeshwari 5.Kirshore @ Rajagopalakrishnan 6.Solairaj : Petitioners/Accused No.1 to 6 Vs.

1.The Inspector of Police, All Women Police Station, Srivilliputtur, Virudhunagar District.

[Crime No.20 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.218 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.218 of 2014 on the file of the learned Judicial Magistrate No.II, Srivilliputtur, for an alleged offences under Sections 34, 342, 323, 294(b), 406, 506(i) of IPC r/w Section 4 of TNWH 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 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.218 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.218 of 2014, on the file of the learned Judicial Magistrate No.II, Srivilliputtur, 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 Committee), 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(P&A) /True Copy/ Sub Assistant Registrar(CS-III) Enclosure: Xerox Copy of Joint Compromise Memo 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.

COPY TO:

1.The Member Secretary, Tamil Nadu State Legal Service Committee, High Court Campus, Chennai - 600 104.

2.The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (Two Copies) 4.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/S.Antony S.Prabahar, Advocate SR.No. 79690 Crl.O.P.[MD].No.14612 of 2018 sji JM/KAK/SAR 3/06.09.2018/3P/10C