T.S. Ramachandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16081 of 2018 1.T.S.Ramachandran 2.Syamala Devi 3.Raja 4.Uma Mageswari 5.M.Thiyagarajan 6.R.Tamilselvi @ Selvi : Petitioners/ Accused 1 to 6 Vs.

1.The State represented by The Inspector of Police, All Women Police Station, Palani, Dindigul District.

(In Crime No.3 of 2018) : 1st Respondent/Complainant 2.R.Prabavathi : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Charge Sheet in CC No. 137 of 2018 on the file of the Judicial Magistrate Court Palani, Dindigul District and quash the same.

For Petitioners : Mr.N.Tamilmani For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R-2 : Mr.S.Thiagarajan

ORDER

The present Criminal Original Petition has been filed to quash the proceedings in C.C.No.137 of 2018, on the file of the Judicial Magistrate, Palani, Dindigul District, for an alleged offences under Sections 495, 417, 120B, 420, 294(b) and 506 (i) of 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 the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.Mariammal, Head Constable, All Women Police Station, Palani, Dindigul District. 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 First Information Report in C.C.No.137 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.137 of 2018, on the file of the learned Judicial Magistrate, Palani, Dindigul District 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 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(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) ENCL:- XEROX COPY OF COMPROMISE MEMO To 1.The Judicial Magistrate, Palani, Dindigul District.

2.The Inspector of Police, All Women Police Station, Palani, Dindigul District.

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

Copy To:

1.The Registrar(Judicial) Cum Additional Registrar General, Incharge Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.N.TAMILMANI, ADVOCATE IN SR.NO.82953. +1CC TO MR.S.THIAGARAJAN, ADVOCATE IN SR.NO.82954. LS DS RSK SAR-4 11.10.2018 3P/8C Crl.O.P.[MD].No.16081 of 2018