Nagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Nagaraj 2.Kattammal 3.Krishnamoorthy 4.Poongkodi 5.Dharmaraj 6.Revathy ... Petitioners/Accused 1 to 6 Vs.

1.The State Represented by The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

(Crime No.26 of 2016) ... Respondent/Complainant 2.Nanthini ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the charge sheet in C.C.No.13 of 2019 on the file of the Judicial Magistrate, Vedasanthur, Dindigul District, in Crime No.26 of 2016, dated 06.10.2016 on the file of the first respondent police for alleged offences under Section 498(A), 406, 506(i) of IPC and Section 4 of Dowry Prohibition Act, 1961 and Section 4 of Tamil Nadu Prohibition of Harassment of women Act, 2002 to quash the same as illegal. For Petitioners : Mr.D.Balamurugapandi For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) For R2 : Mr.M.Vigneshkumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.13 of 2019 on the file of the learned Judicial Magistrate, Vedasanthur, Dindigul District.

2.The case is under trial. By passage of time, the parties 1/3

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 Ms.K.S.Laila, WHC(1302). 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 proceeding pending before the trial Court. 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 proceeding in C.C.No.13 of 2019 on the file of the learned Judicial Magistrate, Vedasanthur, Dindigul District. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.13 of 2019 on the file of the learned Judicial Magistrate, Vedasanthur, Dindigul District, is quashed and the terms of compromise memo, which shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.

5000/- (Rupees Five Thousand only) 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 // True Copy // Sub Assistant Registrar(CS) das To 1.The Judicial Magistrate, Vedasanthur, Dindigul District.

2.The Inspector of Police, All Women Police Station, Vadamadurai, Dindigul District.

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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, (2 copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-87413[F] dated 18/09/2019 ) 18.09.2019 JMN(04.10.2019) 3P : 8C 3/3