Madras High Court
Mayan (Kolrasu) vs State Through on 10 January, 2019
Author: A.D. Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.01.2019
CORAM:
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.(MD).No.19364 of 2018
and
Crl.M.P.(MD) No.8762 of 2018
1.Mayan (Kolrasu)
2.Jothi
3.Sasikumar
4.Somathi
5.Pandeswari
6.Paulraj
7.Ayyammal ..Petitioners
Vs.
1.State through
The Inspector of Police,
All Women Police Station,
Usilampatti.
Crime No.6 of 2018
2.Pandiyammal .. Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call
for the records from the first respondent to quash all the further proceedings in
Crime No.6 of 2018 pending on the file of the respondent police.
For Petitioners : Mr.T.K.Gopalan
For R1 : Mr.A.Robinson
Government Advocate (Crl.Side)
For R2 : Mr.K.Sokkanathan
http://www.judis.nic.in
2
ORDER
This criminal original petition has been filed to quash the proceedings in Crime No.6 of 2018 pending on the file of the respondent police.
2.The learned counsel for the petitioners would submit that this Court by order dated 30.10.2018, referred the matter to the Mediation and Conciliation Centre attached to this Bench. During mediation, the parties have appeared and they have resolved to settle the dispute between them and also arrived at a settlement in the presence of the mediators. The mediation centre has filed a report extracting the details of the settlement arrived between the parties. The first petitioner is present before this Court.
3.The second respondent along with his counsel Mr.K.Sokkanathan, is present before this Court.
4.The learned counsel for the petitioners would submit that in due compliance of the settlement arrived at, the petitioners have paid a sum of Rs. 1,10,000/- to the de-facto complainant and that the petitioners have no objection in the second respondent retaining the Gold Ring and Silk Saree presented by the petitioners and it is also agreed that the de-facto complainant shall withdraw the complaint on receipt of the amount of Rs.1,10,000/- from the petitioners. He further would submit that though only the first petitioner is present before this Court today, all the parties have appeared before the mediation centre and that the matter has also been settled between the parties http://www.judis.nic.in and would pray that the presence of the other petitioners may be condoned. He 3 would further submit that in terms of the settlement at the mediation centre, the FIR may be quashed.
5.In view of the above, no useful purpose will be served in keeping the FIR in Crime No.6 of 2018 before the respondent police. 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 FIR in Crime No.6 of 2018 on the file of the respondent police.
6.This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.6 of 2018 pending on the file of the respondent police is quashed on the terms of settlement before the Mediation Centre. The report of the Mediation shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as costs, to the credit of the High Court Legal Services Authority, Madurai Bench of Madras High Court, Madurai, 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.
7.The learned counsel for the petitioners would further submit that in compliance of the order passed by this Court dated 24.09.2018, the petitioners have deposited a sum of Rs.2,00,000/- to the credit of Crime No.6 of 2018 before http://www.judis.nic.in the learned Judicial Magistrate, No.I, Usilampatti and he would pray that 4 A.D. JAGADISH CHANDIRA, J.
mm necessary orders may be passed so as to enable the petitioners to withdraw the amount.
8.In view of the settlement arrived at between the parties, the learned counsel for the second respondent would submit that he has no objection for the petitioners to withdraw the amount, which has been deposited before the lower Court. On filing of proper application, the learned Judicial Magistrate No.I, Usilampatti is directed to return the amount deposited to the credit of Crime No. 6 of 2018 to the petitioners in view of the FIR being quashed.
Index : Yes / No 10.01.2019
Internet : Yes / No
mm
To
1.The Inspector of Police,
All Women Police Station,
Usilampatti.
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
http://www.judis.nic.in
Crl.O.P.(MD).No.19364 of 2018