Ramesh Devendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15735 of 2018 1.Ramesh Devendran 2.Krishnamoorthi 3.Markandan 4.Mugilraj 5.Balamurugan : Petitioners / Accused No.1 to 5 Vs.

1.State of Tamil Nadu, The Inspector of Police, Kuruvikulam Police Station, Tirunelveli District.

: 1st Respondent / Complainant (Crime No.265 of 2018) 2.Nirmaladevi : 2nd Respondent / De facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in FIR in Crime No.265 of 2018 on the file of the first respondent police and quash the same. For Petitioners : Mr.P.Banuprasath For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.265 of 2018, on the file of the respondent police, for an alleged offences under Sections 147, 294 (b), 352 and 506 (ii) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 2002.

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 the second respondent and also by their respective counsel. Parties were also present before this Court and they were identified by R.Karuppasamy, Special Sub Inspector Of Police and they have also produced the copies of the Aadhaar Card, which is made part of the record. This Court also enquired the parties on both sides 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 First Information Report in Crime No.265 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.265 of 2018, on the file of the respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.250/- (Rupees Two Hundred and Fifty only) as costs, to the credit of "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, IFSC Code.SBIN 0000898, M.I.C.R. Code.625002601, State Bank of India, Periyakulam), 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 (Writs) // True Copy // Sub Assistant Registrar(CS-IV) Encl: Joint Memo of Compromise To 1.The Inspector of Police, Kuruvikulam Police Station, Tirunelveli District.

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

3.The District Siddha Medical Officer, CCRI, Periyakulam.

4. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1 CC To MR.P.BABUPRASATH, Advocate SR. NO. 82728 Crl.O.P.[MD].No.15735 of 2018 04.09.2018 SM TR/RP/SAR-IV(01.10.2018)2P 7C https://hcservices.ecourts.gov.in/hcservices/