Madras High CourtCRL OP(MD)/18323/2018allowed

K. Thirupathyraj v. The Sub Inspector Of Police

2018-10-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.18323 of 2018 and Crl.M.P.(MD).Nos.8172 and 8299 of 2018 1.K.Thiruppathiraj 2.Subbulakshmi 3.Kanagavalli 4.Balamurugan : Petitioners Vs.

1.The State represented by The Sub Inspector of Police, All Women Police Station, Theni.

: Respondent / Complainant (Crime No.19 of 2018) 2.Rajabala : Respondent / De facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to F.I.R. Registered in Crime No.19 of 2018 dated 23.07.2018, pending investigation on the file of the first respondent Police and quash the same. For Petitioners : Mr.Siva Ilayaraja For R1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side]

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.19 of 2018, on the file of the first respondent for the offences under Sections 498(A), 294(b), 506(ii), 109 and Section 4 of Dowry Prohibition Act, 1961.

2. The case is still in 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 parties were also present before the Court and they were identified by Ms.Umadevi, SSI 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 Crime No.19 of 2018 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.19 of 2018, on the file of the first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.19 of 2018, on the file of the first respondent is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) Encl: Xerox copy of Joint Compromise Memo To 1.The Sub Inspector of Police, All Women Police Station, Theni.

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

+1CC to Mr.Siva Ilayaraja, Advocate, SR.No.91734 Crl.O.P.[MD].No.18323 of 2018 24.10.2018 TSG ES/SKN/RSK/SAR 3/14.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/