V.Kumaresan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.2807 of 2019 and CRL.M.P.No.1831 of 2019

1. V. Kumaresan

2. V. Ramesh

3. Suganthi @ Bakkiyalakshmi

4. V. Rajesh

5. M. Madhan

6. M. Vivek

7. M. Selvi

8. P.Dinesh ... Petitioners Vs.

1. The State rep by The Inspector of Police Sivagiri Police Station, Sivagiri, Erode District.

(Crime No.231 of 2018)

2. P. Arumugam.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records concerned in Crime No.231 of 2018, on the file of the Inspector of Police, Sivagiri Police Station, Sivagir, Erode District and quash the same. For Petitioner :

Mr.C.Prakasam For Respondents R1 :

Mr.Mohammed Riyaz Additional Public Prosecutor.

R2 :

Mr.N.Pavithran

O R D E R

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.231 of 2018, on the file of the Inspector of Police, Sivagiri Police Station, Sivagir, Erode District.

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.

An affidavit has been filed before this Court by the second respondent and also by his counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card 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 First Information Report in Crime No.231 of 2018.

5.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.231 of 2018, on the file of the Inspector of Police, Sivagiri Police Station, Sivagir, Erode District is quashed on condition that the petitioners shall pay a sum of Rs.10,000/- jointly, as costs, to Happy Karunai Illam, NO:150/4, Nalla Kavandampalayam, Chengapalli, Erode - 638812, Near Kumaran School Road Ph. 9976712008, 9600276503, 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. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True copy// Sub Assistant Registrar rts To

1. The Inspector of Police Sivagiri Police Station, Sivagiri, Erode District.

2. The Public Prosecutor, High Court of Madras, Chennai.

3. The Secretary, Happy Karunai Illam, NO:150/4, Nalla Kavandampalayam, Chengapalli, Erode - 638812, (Near Kumaran School Road)

4. The Section Officer, Criminal Section, High Court, Madras.

+1cc to Mr.C.Prakasam, Advocate SR.No.11480 CRL.O.P.No.2807 of 2019 and CRL.M.P.No.1831 of 2019 GMY(22/02/2019)