Palanisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.12219 of 2021 and Crl.M.P(MD)No.6272 of 2021 1.Palanisamy 2.Thangaselvi 3.Ambika @ Moogambikai 4.Gomu @ Komathi 5.Muthuramallingam

...Petitioners/Accused 2 to 6

Vs.

1.State rep. by The Inspector of Police, Ambasamudram Police Station Tirunelveli District (Crime No.371/2021) ...1st Respondent/Complainant 2.Indumathi ...2nd Respondent/ Defacto Complainant 3.Baskaran

...Respondent

(*R3 suo motu impleaded vide order dated 06.10.2021) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and quash the FIR in Crime No.371/2021, on the file of the first respondent herein, as against the petitioners herein.

For Petitioners : Mr.K.Veilmuthu For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 and R-3 : Mr.Ka.Raamakrishnan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 371/2021, on the file of the first respondent police, for an alleged offences under Sections 498(A) of https://hcservices.ecourts.gov.in/hcservices/

IPC.

2.The case is still at 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 respondents 2 and 3 and also by their respective counsel.

4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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. 371/2021, on the file of the first respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 371/2021, on the file of the first respondent, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order. Consequently, the connected miscellaneous petition is also closed.

Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Encl:Photocopy of Joint Compromise Memo.

To

1. The Inspector of Police, Ambasamudram Police Station Tirunelveli District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

Crl.O.P.(MD).No.12219 of 2021 28.04.2022 MGJ(26.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/