Chinnarasu v. The Inspector Of Police

Crl.O.P.(MD).No.17719 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17719 of 2019 1.Chinnarasu 2.Madhavan

...Petitioners/Accused Nos.1 & 2

Vs.

1.State Represented through The Inspector of Police, Amathur Police Station, Virudhunagar District.

(Crime No.157 of 2017) ...1st Respondent/Complainant 2.Meena ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No.157 of 2017 on the file of the 1st respondent police and quash the same as illegal. For Petitioners : Mr.P.Manikandan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Crime No.157 of 2017 on the file of the 1st respondent police, for an alleged offences under Sections 294(b), 324 and 307 of IPC., and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002 and Tamilnadu Public Property (Prevention of Damages & Loss) Act, 1992.

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 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 Mr.Abdul Riyaz, 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 is pending before the respondent police. Even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.17719 of 2019 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.157 of 2017 pending on the file of the first respondent police.

5.It is represented by the learned counsel for the petitioners that the petitioners already paid a sum of Rs.5,000/- (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 also filed the original receipt along with this agreement, on 28.11.2019. 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.157 of 2017, on the file of the first respondent police, is quashed and the terms of joint compromised agreement shall form part and parcel of this order. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS-III) Encl: Xerox copy of Joint Compromise Memo To 1.The Inspector of Police, Amathur Police Station, Virudhunagar District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To: The Section Officer,Accounts Section, Madurai Bench of Madras High Court,Madurai.

(for Information) (Cost Paid) +1 CC to M/s.MANIKANDAN, Advocate ( SR-102632[F] dated 29/11/2019) Crl.O.P.(MD).No.17719 of 2019 vsd KK/SAR 3/29.11.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2