Santhose, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD]No.15215 of 2018 Santhosh : Petitioner/Sole Accused Vs.

1.State Represented by The Inspector of Police, All Women Police Station, Lalgudi, Trichy District.

(Crime No.7/2018) :1st Respondent/Complainant 2.Princy Clamensiya :2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the FIR in Crime No.7 of 2018 on the file of the first respondent Police and quash the same as illegal.

For Petitioner : Mr.T.Lenin Kumar For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.D.Venkatesh

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.7 of 2018 on the file of the first respondent Police, for an alleged offences under Sections 417, 420, 376 & 294(b) IPC.

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. The parties were also present before the Court and they were identified by Mr.Rajakumar, Head Constable 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 https://hcservices.ecourts.gov.in/hcservices/

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 Crime No.7 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.7 of 2018, on the file of the first respondent Police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1,500/- 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 (Crl.Side) /True Copy/ Sub Assistant Registrar (CS-II) Encl: xerox copy of Joint compromise memo To 1.The Inspector of Police, All Women Police Station, Lalgudi, Trichy District.

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

3.The Member Secretary, Tamil Nadu State Legal Services Authority, Madras High Court Campus, Chennai.

+1CC to MR.T.Lenin Kumar Advocate in SR.No.80239. +1CC to MR.D.Venkatesh Advocate in SR.No.80240. GNS DS SV SAR-2;05.09.2018; 2P/6C Crl.O.P.[MD]No.15215 of 2018 27.08.2018 https://hcservices.ecourts.gov.in/hcservices/