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Madras High CourtCRL OP(MD)/17627/2019allowed as prayed for

K. Selvam v. The Inspector Of Police

2019-11-27Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.17627 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17627 of 2019 K. Selvam ... Petitioner/sole Accused Vs.

1.The Inspector of Police All Women Police Station, Thallkulam Police Station, Madurai Town.

... 1st Respondent/Complainant 2.Nitya Devi, ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in pursuant to the case in Crime No.32 of 2019 on the file of the first Respondent herein . For petitioner : Mr.K.Kumaravel For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 : Mr.Manavalan

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.32 of 2019, on the file of the first respondent police.

2. The case is still at the stage of investigation. 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 Mr.S.Santha, Sub Inspector 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 before the respondent police. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.17627 of 2019 @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.32 of 2019 pending on the file of the first respondent police.

5. It is represented by the learned counsel for the petitioner that the petitioner already paid 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 filed the original receipt along with this memo, on 27.11.2019. The said submission is placed on record.

6. Accordingly, this Criminal Original Petition is allowed and as a sequel, the F.I.R in Crime No.32 of 2019, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar(CS-I) // True Copy // Sub Assistant Registrar(CS) Ls ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To

1. The Inspector of Police All Women Police Station, Thallkulam Police Station, Madurai Town.

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

3. The Section Officer,Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.K.KUMARAVEL, Advocate Sr. No. 102133 Crl.O.P.(MD).No.17627 of 2019 27.11.2019 NS(CO) TR(28.11.2019)2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2