M. Iyyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15287 of 2018 1.M.Iyyappan 2.Sathish Kumar 3.Arunkumar : Petitioners/Accused No. 1 to 3 Vs.

1. State rep.by The Inspector of Police, Pudukkottai Police Station, Tuticorin District.

[Crime No.378 of 2016].

:1st Respondent/Complainant 2.Jancyrani : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records of the Charge Sheet in P.R.C.No.15 of 2018 on the file of the Principal District and Sessions Judge, Tuticorin and quash the same as illegal.

For Petitioners : M/s.P.Banuprasath For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.S.J.Sasidharan Tamilkani

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.378 of 2016 on the file of the first respondent police for an alleged offences under Sections 366 and 323 IPC.

1. It is reported by the learned counsel for the petitioners and the learned Government Advocate (Crl.side) that the case in Crime No.378 of 2016 has been charge sheeted and thereafter, the same has been committed to the Sessions Court in S.C.No.215 of 2018 on the file of the Mahila Court, Fast Track Court, Thoothukudi.

2. Now, 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 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.

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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 case in S.C.No. 215 of 2018 on the file of the Mahila Court, Fast Track Court, Thoothukudi.

5. This Criminal Original Petition stands allowed and as a sequel, the case in S.C.No. 215 of 2018 on the file of the Mahila Court, Fast Track Court, Thoothukudi. 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/- each 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 (RTI) /True copy/ Sub Assistant Registrar(CS-II) Encl:Xerox Copy of Joint Compromise Memo.

To

1. The Inspector of Police, Pudukkottai Police Station, Tuticorin District.

2. The Mahila Court, Fast Track Court, Thoothukudi. 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.

Crl.O.P.[MD].No.15287 of 2018 30.08.2018 cm KK/SKN/SAR-2/04.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/