Perumal v. The Inspector Of Police

Crl.O.P.(MD).No.16534 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16534 of 2019 Perumal ...

Petitioner Vs.

1.The Inspector of Police Kayathar Police Station Thoothukudi District

2. S.Madasamy

3. M.Isaivani ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in relating to the entire proceedings of the charge sheet in Spl.S.C.No.91 of 2018 on the file of the Mahila Court, Thoothukudi and quash the same insofar as the petitioner is concerned.

For Petitioner : Mr.N.Ramesh Arumugam 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.91 of 2018 on the file of the Mahila Court, Thoothukudi for an alleged offences under Sections 366,493 of IPC and Sections 5 (l) and 6 of the Protection of Children from Sexual offences Act,2012.

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.V.Arumugam 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.16534 of 2019 Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in Spl.S.C.No.91 of 2018 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.91 of 2018 on the file of the Mahila Court, Thoothukudi, is quashed insofar as the petitioner alone 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). Further the petitioner is directed to pay a sum of Rs.

25000/-(Rupees Twenty Five thousand only) to the victim and file a photocopy of the receipt along with the memo reporting compliance before the Registry/1st respondent and the trial court on or before 21.11.2019, failing which, this order automatically stands cancelled without further reference to this Court and the trial court can proceed with the trial in Spl.S.C.No.91 of 2018.

1. The Mahila Court, Thoothukudi 2.The Inspector of Police Kayathar Police Station Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

1.

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

2.The Section officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N. RAMESHARMUGAM, Advocate ( SR-97846[F] dated 13/11/2019 ) Crl.O.P.(MD).No.16534 of 2019 12.11.2019 https://hcservices.ecourts.gov.in/hcservices/ KK/SAR/19.11.2019/2P-7C/ 2/2