Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16976 of 2018 Arumugam : Petitioner Vs.

1. The State Rep. by The Inspector of Police Kallikudi Police Station Madurai District (Crime No.149 of 2018)

2. Thavamani : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in connection with the Crime No. 149 of 2018 on the file of the first respondent police and quash the FIR.

For Petitioner : Mr.S.Poorna Chandran For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.Vijayakumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 149 of 2018 on the file of the first respondet police for an offences under Sections 294(b), 324,506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

2. The case is under 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 have been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by R.Ramarajan ,SI of Police. 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 proceedings in Crime No. 149 of 2018 .

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 149 of 2018 , on the file of the first respondent police , is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- (Rupees Five hundredonly) as costs, to the credit of the "Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High court, Madurai 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(T&P) /True copy/ Sub Assistant Registrar (CS-II) Encl:Xerox Copy of Joint Compromise Memo.

To

1. The Inspector of Police Kallikudi Police Station Madurai District

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

COPY TO:

The Officer in Charge, Rojavanam, Home for aged and Poor, Ulaganeri, Melur Main Road, Madurai.

+1cc to Mr.S.POORNACHANDRAN, Advocate, SR.No. 86363 Crl.O.P.[MD].No.16976 of 2018 24.09.2018 aav KK/SV/SAR-2/22.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/