Rajendran v. The Inspector Of Police
Crl.O.P.(MD).No.19840 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.19840 of 2018 and Crl.M.P(MD)Nos.9076 and 9077 of 2018 Rajendran ..Petitioner/1st Accused Vs.
1.The State rep. by its Inspector of Police, All Women Police Station, Dindigul District.
Crime No.6 of 2013.
...Respondent / Complainant
2.Tamil Selvi ... Respondent / Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the proceedings in C.C.No.90 of 2014 on the files of the Judicial Magistrate, Palani and to quash the same.
For Petitioners : Mr.S.C.Herold Singh For Respondents : Mrs.S.Bharathi Govt. Advocate (crl.side) (for R1) Mr.K.A.Thirumalaiyappan (for R2)
O R D E R
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.90 of 2014, on the file of the Judicial Magistrate, Palani, for the offences punishable under Sections 498 (A), 406, 506(i) of IPC and Section 4 Dowry Prohibition Act and Section 4 of Tamil Nadu Prohibition of Women Harassment Act in Crime No.6 of 2013.
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 have 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 the respondent 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 proceedings in C.C.No.90 of 2014 pending, even though, the offences involved are not compoundable in nature. In https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.(MD).No.19840 of 2019 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 C.C.No.90 of 2014. 5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.90 of 2014 of 2019, on the file of the learned Judicial Magistrate, Palani is quashed on condition that the petitioner shall deposit a sum of Rs.5,000/- to the Hands of Compassion Home, No.51/213, Othaveedu, Mathur, Appanthirupathi, Madurai (Mobile No.97915 04120). The terms of joint compromise memo shall form part and parcel of this order. 6.Post the matter on 22.01.2020 for reporting compliance. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl: Xerox copy of Joint Compromise Memo skn To 1.The Inspector of Police, All Women Police Station, Dindigul District.
Crime No.6 of 2013.
2.The Judicial Magistrate, Palani.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to: The Compassion Home, No.51/213, Othaveedu, Mathur, Appanthirupathi, Madurai +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-1697[F] Crl.O.P.(MD).No.19840 of 2018 and Crl.M.P(MD)Nos.9076 and 9077 of 2018 09.01.2020 sma/21/01/2020/2p/6c https://hcservices.ecourts.gov.in/hcservices/ 2/2