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Madras High CourtCRL OP(MD)/19484/2019allowed

Thuyavan v. The Inspector Of Police

2020-01-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.(MD).No.19484 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.19484 of 2019 1.Thuyavan 2.Tmt.Soundaryalatha 3.Parameswaran ..1 to 3 Petitioners/ Accused Vs.

1.The Inspector of Police, All Women Police Station, Tallakulam. ...1st Respondent/Complainant (Crime No.26 of 2018) 2.S.Saranyadevi ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to quash all the further proceedings of C.C.No.692 of 2019 pending on the file of the Additional Mahila Court, Madurai.

For Petitioners : Mr.M.Ramasubramanian For R1 : Mrs.S.Bharathi Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.692 of 2019 pending on the file of the Additional Mahila Court, Madurai, for the offences punishable under Sections 498(A) and 506(i) of IPC , in Crime No.26 of 2018. 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 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.M.Murugan, 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.19484 of 2019 4.Under such circumstances, no useful purpose will be served in keeping the proceedings in C.C.No.692 of 2019 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.692 of 2019. 5.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 Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai and filed the original cash receipt along with this memo on 27.01.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.692 of 2019, on the file of the Additional Mahila Court, Madurai, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Vsg Encl: Xerox copy of joint compromise memo To 1.The Additional Mahila Court, Madurai.

2.The Inspector of Police, All Women Police Station, Tallakulam.

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

+1 CC to Mr.M.RAMASUBRAMANIAN, Advocate ( SR-3603[F] dated 29/01/2020 ) +1 CC to Mr.T.K.GOPALAN, Advocate ( SR-3314[F] dated 28/01/2020 ) Crl.O.P.(MD).No.19484 of 2019 27.01.2020 VB(10.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2