S. Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.19670 of 2019

1. S. Balamurugan

2. P. Kalaiselvi

3. S. Chellammal ... Petitioners/Accused Nos.1 to 5 Vs.

1. The State Rep. by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

(Crime No. 02 of 2019) ...R-1/Complainant

2. B. Indumathi ...R-2/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records pertaining to Crime No. 02 of 2019 on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.C. Senthil Murugan For R-1 : Mrs.S.Bharathi, Government Advocate (crl. Side) For R-2 : Mr. M. Ramesh

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No. 02 of 2019 on the file of the first respondent police. 2.The case is still at the stage of investigation, for offences u/s 498A,406,506(ii) IPC 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 the police officials. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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. 02 of 2019. 5.It is represented by the learned counsel for the petitioners that the petitioner has paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of the 'Anbagam' and filed the original cash receipt along with this memo on 10.01.2020. The said submission is placed on record.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.02 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 (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa Encl: xerox copy of joint compromise memo To

1. The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

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

+1 CC to Mr.C.SENTHIL MURUGAN, Advocate ( SR-1502[F] dated 10/01/2020 ) Crl.O.P(MD)No.19670 of 2019 10.01.2020 VB(06.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/