Muthukumar @ Vinoth 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 Muthukumar @ Vinoth ... Petitioner/A1 Vs.
1. The State rep. by The Inspector of Police, All Women Police Station Madurai Town, Madurai City.
(Crime No.19 of 2017) ... 1st Respondent/Complainant
2. Soniya ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records of the proceedings in S.C. No. 4 of 2019 on the file of the learned Additional District and Sessions Judge, Mahalir Neethimandram, Madurai and quash the same. For Petitioner : Mr.M. Jegadeesh Pandian For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr. B. Raguvaran
ORDER
The Criminal Original Petition has been filed to quash the proceedings in S.C.No.4 of 2019 on the file of the learned Additional District and Sessions Judge, Mahalir Neethimandram, Madurai for an alleged offences under Sections 376, 417 and 506(i) 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 1/3
respondent were also present in person before this Court and they were identified by M/s.Santhi, 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 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 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 S.C.No. 4 of 2019. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C. No.4 of 2019 learned Additional District and Sessions Judge, Mahalir Neethimandram, Madurai, 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 (AD-I) // True Copy // Sub Assistant Registrar(CS) ksa Encl:
Xerox Copy of the Joint Compromise Memo To
1. The Additional District and Sessions Judge, Mahalir Neethimandram, Madurai.
2. The Inspector of Police, All Women Police Station Madurai Town, Madurai City.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Copy to:
The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.JEGADEESHPANDIAN, Advocate ( SR-96912[F] dated 08/11/2019 ) 07.11.2019 JMN(08.11.2019) 3P : 6C 3/3