K. Karhtikeyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.K.Karthikeyan 2.P.Kumaresan 3.K.Krishnaveni 4.K.Deepika 5.P.Kumar 6.Muthu 7.M.Nagarajan : Petitioners/Accused Vs.

1.State rep.by its Inspector of Police, All Women Police Station,South Madurai City.

In Cr.No.29 of 2013 2.M.Sasikala : Respondents/Complainants PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.97 of 2014 on the file of the learned Additional Mahila Court, (JM Level) Madurai and quash the same.

For Petitioners: Mr.B.Babu For R-1 : Mr.S.Chandrasekar, APP For R-2 : Mr.S.Kameswaran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.97 of 2014, on the file of the rlearned Additional Mahila Court, (JM Level) Madurai, for the offences punishable under Sections 498(A), 406 of IPC and Section 4 of TNPHW Act.

2.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 respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mrs.S.Chitravathy, SSI of Police. This Court also enquired both the parties and was 1/3

satisfied that the parties have come to an amicable settlement between themselves and the second respondent/defacto complainant would submit that she has been paid a sum of Rs.5,50,000/- and she also accepted for receiving a sum of Rs.3,50,000/- instead of her jewels.

4.The learned Government Advocate (Crl. side), on instructions, would submit that the dispute between the parties are private in nature and that there is no public interest involved in this matter.

5.Under such circumstances, no useful purpose will be served in keeping the proceedings in C.C.No.97 of 2014 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 C.C.No.97 of 2014.

6.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of the High Court Legal Services Committee (Payable in Accounts Section of the High Court Registry) and filed the original cash receipt along with this memo on 05.12.2019. The said submission is placed on record. 7.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.97 of 2014, on the file of the learned Additional Mahila Court, (JM Level) Madurai, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo gns To 1.The Additional Mahila Court, (JM Level) Madurai. 2/3

2.The Inspector of Police, South All Women Police Station, Madurai City.

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

Copy to 1.The Officer Incharge, High Court Legal Services Committee Madurai Bench of Madras High Court, Madurai 2.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai +1 CC to Mr.B.BABU, Advocate ( SR-103701[F] dated 05/12/2019 ) 05.12.2019 KM/(03.01.2020) 3P 7C 3/3