Ramesh v. The Inspector Of Police
Crl.O.P.(MD).No.14233 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.14233 of 2019 Ramesh ... Petitioner/Sole Accused Vs.
1. The State rep. by The Inspector of Police All Women Police Station Vilathikulam Thoothukudi District 1st Respondent/Complainant
2. Pasupathi ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the charge sheet filed by the first respodent police in Spl.S.C.No. 25 of 2017 on the file of the Mahila Court, Thoothukudi.
For Petitioner : Mr.N.Pragalathan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R2 : Mr.K.Muthu Rakkan
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No. 25 of 2017 on the file of the Mahila Court, Thoothukudi for an alleged offences under Sections 5(j)(ii), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 506(i) of IPC 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 has 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.Angalaeswari, SI of Police. 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/ 1/2
Crl.O.P.(MD).No.14233 of 2019
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 Spl.S.C.No. 25 of 2017. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No. 25 of 2017 on the file of the Mahila Court, Thoothukudi , is quashed and the terms of joint compromise memo 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 () // True Copy // Sub Assistant Registrar(CS) Aav Enclose: Xerox Copy of Joint Compromise Memo. To
1. The Mahila Court, Thoothukudi
2. The The Inspector of Police, All Women Police Station, Vilathikulam, Thoothukudi 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 Mr.N.PRAGALATHAN, Advocate SR-91541. Crl.O.P.(MD).No.14233 of 2019 04.10.2019 CS(18.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2