Thangavel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Thangavel ...

Petitioner/Sole accused Vs.

1. State represented by the Inspector of Police, Kazhukumalai Police Station Kazhukumalai, Tuticorin District.

(Crime No.63 of 2016) ... Respondent/Complainant

2. R. Venkatraman

3. Parvathi ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the charge sheet in Special S.C. No.1 of 2017 on the file of the Mahila Court, Tuticorin against Crime No.63 of 2016 on the file of the first respondent police and quash the same.

For Petitioner : Mr.V. Selva For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 & R-3 : Mr. S. Paulmurugesh

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in Special S.C. No.1 of 2017 on the file of the Mahila Court, Tuticorin for an alleged offences under Sections 5(1) and 6 of POCSO Act and 366 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 respondents-2 & 3 1/3

and also by their respective counsel. The petitioner and the respondents-2 & 3 were also present in person before this Court and they were identified by Mr. Murugesan, Spl. SI 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 case 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 Special S.C. No.1 of 2017.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Special S.C. No.1 of 2017 on the file of the Mahila Court, Tuticorin, 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) ksa To

1. The Judge, Mahila Court, Tuticorin.

2. The Inspector of Police, Kazhukumalai Police Station Kazhukumalai, Tuticorin District.

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

2/3

Copy to:

The Section officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.SELVA, Advocate ( SR-96864[F] dated 08/11/2019 ) 07.11.2019 JMN(08.11.2019) 3P : 6C 3/3