Arun Richard v. The Inspector Of Police

Crl.O.P.(MD).No.18656 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.18656 of 2019 1.Arun Richard 2.Alphonse 3.Backiarani ... Petitioner/Accused No.1 to 3 Vs.

State Through 1.The Inspector of Police, All Women Police Station, Tallakulam, Madurai.

Crime No.4 of 2018.

... Respondent/Complainant 2.Leena Therasa ... Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records to FIR in Crime No.4 of 2018, pending on the file of the first respondent and quash the same in the interest of justice.

For Petitioners : Mr.R.Balaji For R1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R2 : Mr.J.William Chiristopher

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.4 of 2018, pending on the file of the first respondent, for the offences punishable under Sections 498(A) and 406 of IPC.

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.G.Elumalai, SI 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.18656 of 2019 4.Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 First Information Report in Crime No.4 of 2018. 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 Anbagam, (Institution for the Mentally Handicapped Children), Race Course Road, Madurai and filed the original cash receipt along with this memo on 12.12.2019.

The said submission is placed on record. 6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.4 of 2018, pending on the file of the first respondent, 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 ) Sji Encl.: Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, All Women Police Station, Tallakulam, Madurai.

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

Crl.O.P.(MD).No.18656 of 2019 12.12.2019 MK (09.01.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2