Vijay Jacobraj v. The Inspector Of Police
Crl.O.P.(MD).No.14681 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.14681 of 2019 Vijay Jacobraj ...
Petitioner Vs.
1.State rep. by The Inspector of Police, Thoothukudi South Police Station Thoothukudi, Thoothukudi District 2.Jebaraj 3.Esther Ponnammal ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the charge sheet filed by the first respondent police in Spl.S.C.No.46 of 2018 on the file of the Magalir Neethimandram, Fast Track Mahila Court, Thoothukudi For Petitioner : Mr.N.Pragalathan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.46 of 2018 on the file of the Magalir Neethimandram, Fast Track Mahila Court, Thoothukudi for an alleged offences under Sections 366(A) 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.S.Ramalingam,SSI of Police. 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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD).No.14681 of 2019 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.46 of 2018 on the file of the Magalir Neethimandram, Fast Track Mahila Court, Thoothukudi 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.46 of 2018 on the file of the Magalir Neethimandram, Fast Track 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 (co) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo aav To
1. The Magalir Neethimandram, Fast Track Mahila Court, Thoothukudi
2. The Inspector of Police, Thoothukudi South Police Station Thoothukudi, 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.
Crl.O.P.(MD).No.14681 of 2019 16.10.2019 KM/(25.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2