Madras High Court
Balasundaram @ Dhayaram vs The Inspector Of Police on 20 August, 2018
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2018 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.14613 of 2018 1.Balasundaram @ Dhayaram 2.Shanthi 3.Chandrasekaran 4.Rajeshwari 5.Solairaj : Petitioners Vs. 1.The Inspector of Police, All Women Police Station, Srivilliputtur, Virudhunagar District. [Crime No.11 of 2014]. 2.Rajalakshmi @ Rani : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to admit this petition on file and quash the proceedings in C.C.No.217 of 2014 on the file of the learned Judicial Magistrate No.II, Srivilliputtur in pursuance of the joint compromise memo filed by the petitioners and the second respondent. !For Petitioners : Mr.Antony S.Prabahar ^For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : M/s.C.Arockia Selvi :ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.217 of 2014 on the file of the learned Judicial Magistrate No.II, Srivilliputtur, for an alleged offences under Sections 498(A) and 406 of IPC and Section 4 of Dowry Prohibition Act.
2. The case is still in 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. In order to identify the respective parties they have also produced the copies of the Aadhaar Card which are made part of the record. 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, 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.217 of 2014.
5. This Criminal Original Petition stands allowed accordingly.
To
1.The Judicial Magistrate No.II, Srivilliputtur.
2.The Inspector of Police, All Women Police Station, Srivilliputtur, Virudhunagar District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
.