Minor.Mayandi 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.16171 of 2018 Minor Mayandi Minor is represented through his father and Guardian Venkatesh : Petitioner/ Sole Accused Vs.
1. The State by The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.
: 1st Respondent/Complainant 2.Minor Indhumathi Minor is represented through her mother and Guardian Sundari : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to Crime No.20 of 2018 on the file of the first respondent and quash the same. For Petitioner : Mr.D.Venkatesh For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R-2 : Mr.P.Mani Anandh for M/s.T.Lenin Kumar
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.20 of 2018, on the file of the first respondent police, for an alleged offences under Sections 11(1), 11(4), 7 and 8 of Protection of Child from Sexual Offences Act, 2012.
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 Mr.Ananda Muthuraman, S.S.I.. https://hcservices.ecourts.gov.in/hcservices/
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 Crime No.20 of 2018.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.20 of 2018, on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) Encl: Xerox copy of Joint Compromise Memo To
1. The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.D.Venkatesh, Advocate Sr.No.82984 LS VB/PM/SAR4/26.10.2018/2P/4C Crl.O.P.[MD].No. 16171 of 2018 07.09.2018 https://hcservices.ecourts.gov.in/hcservices/