Arumugam v. The Inspector Of Police

CRL.O.P.(MD).No.13060 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.13060 of 2019 Arumugam ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

(Crime No.55 of 2015) ... 1st Respondent/Complainant 2.Guruvammal ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in SPL.SC.No.147 of 2018 in Crime No.55 of 2015, dated 11.03.2015 on the file of the Additional Mahila Judge, Madurai and quash the same.

For Petitioner : Mr.S.Sivaprakasah For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) For R2 : Mr.B.Viswanathan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in SPL.SC.No.147 of 2018 on the file of the Additional Mahila Judge, Madurai.

2.The case is under 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. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.Karuppaiah. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.13060 of 2019 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 SPL.SC.No.147 of 2018 on the file of the Additional Mahila Court, Madurai. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in SPL.SC.No.147 of 2018 on the file of the Additional Mahila Court, Madurai, is quashed and the terms of compromise memo, which shall form part and parcel of this order. The petitioner 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(CS-III) /TRUE COPY/ Sub Assistant Registrar To 1.The Additional Mahila Judge, Madurai.

2.The Inspector of Police, Thirumangalam Taluk Police Station, Madurai District.

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

COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.B.VISWANATHAN, Advocate ( SR-88203[F] dated 20/09/2019 ) CRL.O.P.(MD).No.13060 of 2019 18.09.2019 DAS JM/09.10.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2