Madras High Court
Marx @ Ramesh vs State Rep. By on 30 September, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD).No.13006 of 2019
1. Marx @ Ramesh
2. Vijayakumar
3. Tamil Selvi
4. Jeeva
5. Rajapandi ... Petitioners
Vs.
1.State rep. by
The Inspector of Police,
All Women Police Station
Aruppukottai,
Virudhunagar District
2.Kalaiselvi ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C. to record the compromise reached between the
petitioners/accused and the second respondent/defacto complainant
and call for the records in the case in Crime No.02 of 2019 on the
file of the first respondent and quash the same as illegal, abuse
process of law.
For Petitioners : Mr.M.Jothibasu
For R-1 : Mr.K.Suyambulinga Bharathi
Government Advocate (Crl. side)
http://www.judis.nic.in
2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.02 of 2019, on the file of the first respondent police, for an alleged offences under Sections 406, 498(A) IPC r/w.Section 3(1), 4 of D.P.Act, 1961 r/w.Section 3 and 4 of TNPHW Act.
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.Babulal Dev, SI 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 pending before the http://www.judis.nic.in 3 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.2 of 2019 pending on the file of the first respondent police.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 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. The petitioners shall pay 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), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
30.09.2019 Index: Yes/No Internet: Yes/No aav http://www.judis.nic.in 4 To
1. The Inspector of Police, All Women Police Station Aruppukottai, Virudhunagar District
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 5 G.K.ILANTHIRAIYAN, J., aav Crl.O.P.(MD).No.13006 of 2019 30.09.2019 http://www.judis.nic.in