C. Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. C.Muthukumar

2. V.Chinnathambi ...

Petitioners Vs.

1.State rep. by The Inspector of Police, All Women Police Station Melur, Madurai District 2.Arumugam 3.Malaiselvai ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records of the charge sheet in Spl.S.C.No.153 of 2018 on the file of the first respondent and quash the same.

For Petitioners : Mr.A.V.Arun For R-1 : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.153 of 2018 on the file of the Mahila Court, Madurai, for an alleged offences under Sections 7,8 of POCSO Act and Section 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 have been signed by the petitioners and the second and third respondents and also by their respective counsel. The petitioners and the second and third respondents were also present in person before this Court and they were identified by Mrs.Kodimalar, Head Constable. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement 1/3

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 Spl.S.C.No.153 of 2018 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.153 of 2018 on the file of the Mahila Court, Madurai,is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners 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), 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 27.11.2019, 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.153 of 2018.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) aav Encl:

Xerox copy of the Joint Compromise Memo To

1. The Judge, Mahila Court, Madurai,

2. The Inspector of Police, All Women Police Station Melur, Madurai District 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.A.V.ARUN, Advocate ( SR-99386[F] dated 19/11/2019 ) +1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-99387[F] dated 19/11/2019 ) 19.11.2019 JMN(20.11.2019) 3P : 7C 3/3