Pasaprabhu v. The Inspector Of Police

Crl.O.P.(MD).No.17406 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17406 of 2019 Pasaprabhu ... Petitioner/Sole Accused Vs.

1.The Inspector of Police, Thirumangalam Taluk Police Station Madurai District.

... 1st Respondent/Complainant 2.Suganya ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the FIR in Crime No.287 of 2019 dated 16.11.2019 on the file of the Inspector of Police, Thirumangalam Taluk Police Station and quash the same as against the petitioner.

For Petitioner : Mr.V.Aathirarulvel For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 : Mr.m.Vasanthan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.287 of 2019, on the file of the first respondent police, for an alleged offences under Sections 354,417 and 506(i) of IPC and Section 66(E) & 67 of I.T.Act,2000. 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.Karuppan, SSI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.17406 of 2019 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 @ 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.287 of 2019 pending on the file of the first respondent police.

5. It is represented by the learned counsel for the petiitoner that the petitioner 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 cash receipt along with this memo on 25.11.2019. He also paid Rs.25,000/- to the victim/second respondent by way of cash. The said submission is placed on record.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.287 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(Writs) /TRUE COPY/ Sub Assistant Registrar Enclosure: Xerox copy of Memo of Compromise.

To 1.The Inspector of Police, Thirumangalam Taluk Police Station Madurai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.V. AATHIARULVEL, Advocate ( SR-101241[F] dated 26/11/2019 ) COPY TO:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

Crl.O.P.(MD).No.17406 of 2019 25.11.2019 aav JM/26.11.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2