Madras High CourtCRL OP(MD)/15077/2019allowed in terms of compromise

Sangupandi v. The Inspector Of Police

2019-10-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.15077 of 2019 Sangupandi ... Petitioner Vs.

1.The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

2.Baby ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Cr.No.6 of 2019 on the file of the Inspector of Police, Radhapuram Police Station, Tirunelveli District and quash the same.

For Petitioner : Mr.V.P.Rajan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 : Ms.S.Muthu Meena

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.6 of 2019, on the file of the first respondent Police for the alleged offences under Sections 447, 294 (b), 323, 427 and 506(ii) IPC and Section 4 of Prohibition of Harassment of Women act, 2002.

2.The case is still at 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 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.I.Ashokan, Head Constable. 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/

4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the first respondent police, 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 Gujarat), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report in Crime No.6 of 2019 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.6 of 2019, on the file of the first respondent police, 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.5,000/- (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-I) // True Copy // Sub Assistant Registrar(CS) gns ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To 1.The Inspector of Police, Radhapuram Police Station, Tirunelveli District.

2.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, Criminal Section, Madurai Bench of Madras High Court, adurai. (2 copies) +1CC TO MR.V.P.RAJAN, Advocate Sr. No. 93967 Crl.O.P.(MD)No.15077 of 2019 22.10.2019 PM(CO) TR(06.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/