Praveenkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. Praveenkumar

2. Vinoth Kumar

3. Sundari

4. Manuvel

5. Anandalakshmi ... Petitioners/Accused Nos.1 to 5 - Vs. - 1.The Inspector of Police All Women Police Station, Melur,Madurai District Cr No. 19/2018.

... Respondent/Complainant

2. Kalaiselvi ... Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to Call for the records of Crime No. 19/2018 on the pending before the learned Judicial Magistrate, Melur, Madurai and quash the same.

For Petitioners : Mr.V.Om Prakash For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.A.Muthuramalingam

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.19 of 2018, for the offences under Sections 294(b), 498(A) of I.P.C., Section 4 of Dowry Prohibition Act, 1961, and Section 4 of Tamil Nadu Prohibition of Harassment of Woman 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 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 1/3

were identified by Mr.T.M.Gandhi, Special Sub-Inspector 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 is pending before the 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 Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.19 of 2018.

5.This Criminal Original Petition stands allowed and as a sequel, the F.I.R. in Crime No.19 of 2018, is quashed and the terms of joint compromise memo which shall form part and parcel of this order. The petitioners shall jointly 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-II) // True Copy // Sub Assistant Registrar(CS) Ls ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To

1. The Judicial Magistrate, Melur, Madurai.

2.The Inspector of Police Vilakkuthoon Police Station, Madurai District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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COPY TO The Section Officer,Account Section, Madurai Bench of Madras High Court, Madurai.

The Section Officer,Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +2CC TO MR.V.OMPRAKASH, Advocate Sr. No. 92319 17.10.2019 GKG(CO) TR(04.11.2019) 3P 9C 3/3