Ambikavathi @ Ambika v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Ambikavathi @ Ambika 2.Nithya 3.Boominathan @ Salai Boominathan ... Petitioners/A1 to A3 - Vs. - 1.The Inspector of Police, C5 Karimedu Police Station (L&O) Madurai, Madurai District.

Crime No.515 of 2013 ... 1st Respondent/Complainant 2.Latha ... 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the charge sheet in S.C.No.23 of 2014 on the file of the Additional Mahila Court, Madurai and to accept the compromise memo filed by the petitioner..

For Petitioners : Mr.J.Jeyaraman For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.S.Muthukumar

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in S.C.No.23 of 2014 on the file of the Additional Mahila Court, 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 Compromise Memo has been filed before this Court, which has been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the 2nd respondent were also present in person before this Court and they were identified through their Aadhar Cards. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 1/3

4.Under such circumstances, no useful purpose will be served in keeping the criminal proceedings pending before the Additional Mahila Court, Madurai. 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 criminal proceedings in S.C.No.133 of 2016 on the file of the 2nd Additional District and Sessions Court (PCR) Tirunelveli. as against the petitioners.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.23 of 2014 on the file of the Additional Mahila Court, Madurai is quashed and the terms of Joint Compromise memo shall form part and parcel of this order. The petitioners jointly 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 Madurai Bench of Madras 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) (*)amended as per order of this Hon'ble Court dated 29.11.2019 Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) Arul ENCL.:XEROX COPY OF JOINT COMPROMISE MEMO.

To (*) to be substituted the order already despatched on 13.11.2019 1.The Additional Mahila Court, Madurai.

2.The Inspector of Police, C5 Karimedu Police Station (L&O) Madurai, Madurai District.

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

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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, Madurai. (2 copies) +2CC TO MR.J.JEYARAMAN, Advocate Sr. No. 102728 23.10.2019 GKG(CO) TR(08.11.2019) 3P 9C 3/3