Madras High CourtCRL OP(MD)/19563/2018allowed

Karuppasamy v. The Inspector Of Police

2018-10-31Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19563 of 2018 Karuppasamy ... Petitioner/Accused Vs.

1. State represented by The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

(Crime No.5 of 2016) ... 1st Respondent/Complainant 2.Kaleeswari ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records of Charge Sheet in S.C.No.334 of 2016 in Crime No.5 of 2016 on the file of the Mahila Court, Thoothukudi, Thoothukudi District and quash the same. For Petitioner : Mr.M.Muthukumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R2 : Mr.M.Perumal

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in S.C.No.334 of 2016 in Crime No.5 of 2016 on the file of the Mahila Court, Thoothukudi, Thoothukudi District. 2.The case is still in the stage of trial. 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 petitioner and the second respondent and also by their respective counsel. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card, which are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/ 4.Under such circumstances, no useful purpose will be served

in keeping the case 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 charge sheet in S.C.No.334 of 2016 in Crime No.5 of 2016 on the file of the Mahila Court, Thoothukudi, Thoothukudi District. 5.This Criminal Original Petition stands allowed and as a sequel, the charge sheet in S.C.No.334 of 2016 in Crime No.5 of 2016 on the file of the Mahila Court, Thoothukudi, Thoothukudi District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.

2,500/- 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-III) /True Copy/ Sub Assistant Registrar(CS-II) Encl.

1. The Judge, Mahila Court, Thoothukudi, Thoothukudi District.

2. The Inspector of Police, All Women Police Station, Kovilpatti, Thoothukudi District.

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

Copy To:-

1. The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

2. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.M.PERUMAL, ADVOCATE IN SR No. 93820 MYR TE/SKN/SAR-2 : 15/11/2018 : 2P/8C Crl.O.P.[MD].No.19563 of 2018 31.10.2018 https://hcservices.ecourts.gov.in/hcservices/