B.Silambarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17449 of 2018

1. B.Silambarasan

2. B.Manikandan 3.B.Vijayalakshmi 4.P.Munieswari @ Muneeswari : Petitioners Vs.

1. The State rep.by, The Inspector of Police Balamedu Police Station Madurai City (Crime No.210 of 2016)

2. K.Bhavani @ Bavani : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to Crime No. 210 of 2016 on the file of the first respondent and quash the same. For Petitioners : Mr.C.Senthil Murugan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate(Crl.Side) For R2 : Mr.R.Venkateshwaran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 210 of 2016 on the file of the first respondent for an offences under Sections 294(b), 323 and 506(i) 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 petitioners and the second respondent and also by their respective counsel. The parties were also present https://hcservices.ecourts.gov.in/hcservices/

before the Court and they were identified by Police . 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 proceedings in Crime No. 210 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 210 of 2016 on the file of the first respondent, 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.250/- (Rupees Two Hundred and Fifty only) as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, 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(Crl Side) /True copy/ Sub Assistant Registrar (CS-IV) Encl:Xerox Copy of Joint Compromise Memo.

To 1.The District Siddha Medical Officer, CCRI, Periyakulam 2.The Inspector of Police Balamedu Police Station Madurai City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to: The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 COPIES) +1cc to Mr.C.SENTHIL MURUGAN, Advocate, SR.No. 87650 Crl.O.P.[MD].No.17449 of 2018 28.09.2018 aav KK/SKN/SAR-4/29.10.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/