Karunakaran v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2020

CORAM:

THE HON'BLE MR. JUSTICE P. RAJAMANICKAM Crl.O.P. No.2268 of 2020

1. Karunakaran

2. Sakthivel

3. Kandan

4. Sathiamurthy

5. Sakthivel

6. Manikandan

7. Gopi

8. Rajagopal

9. Kuppan

10. Moorthy

11. Madhan

12. Veeramuthu

13. Sathish

14. Sekar

15. Ponnuvel

16. Velu,S/o.Kuppan

17. Velu,S/o.Pitchai

18. Selvam

19. Prem

20. Mannudevan

21. Saravanan

22. Raj

23. Muthu

24. Hari

25. Murugan

26. Vicky

27. Haridass

28. Nagooran

29. Munian

30. Ellappan

31. Vasu

32. Ashok

33. Jegan

34. Karthick

35. Venkatesh

36. Sampath

37. Sengeni

38. Neelagandan ... Petitioners

Vs.

1. State, rep.by The Inspector of Police, G-6, Cheyyur Police Station, Kancheepuram District.

(Crime No.364 of 2012)

2. Kannappan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of the FIR in Crime No.364 of 2012 on the file of the Inspector of Police, G6, Cheyyur Police Station, Cheyyur Taluk, Kancheepuram District and quash the same.

For Petitioners : Mr.R.Sunil Kumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr. K.Duraisamy, Senior Counsel for Mr.A.Muthumani Duraisamy for R2

ORDER

This Criminal Original Petition has been filed to call for the records and to quash the FIR in Crime No.364 of 2012 for offences punishable under Sections 147, 148, 341, 294(b), 323, 324, 307 and 506(2) of IPC pending on the file of first respondent police as against the petitioners.

2. The second respondent, who is the defacto complainant has lodged a complaint against the petitioners and based on the same, the first respondent has registered an FIR in Crime No.364 of 2012 under Sections 147, 148, 341, 294(b), 323, 324, 307 and 506(2) of IPC.

3. 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.

4. A joint memo of Compromise, dated 14.02.2020, has been filed before this Court which has been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the 2nd respondent also present in person before this Court. This Court also enquired both the parties and

satisfied that the parties have come to an amicable settlement between themselves.

5. Under such circumstances, no useful purpose will be served in keeping the case 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 Case in Crime No. 2 of 2019 on the file of the first respondent police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.364 of 2012 on the file of the first respondent, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Today (14.02.2020), the Petitioner *No.10 viz., Moorthy, is not appeared before this court. Hence, this petition is dismissed against him.

*The Memo of Compromise dated 14/12/2020 enclosed Sd/- Assistant Registrar(CS-VI) Dated:26/06/2020 *Corrected as per the order of this Court for Being Mentioned dated 05/01/2021 Sd/- Assistant Registrar (CS-IV) Dated:11/01/2021 //True Copy// Sub Assistant Registrar Vv To

1. The Inspector of Police, To be substituted to the G-6, Cheyyur Police Station, order already despatched Kancheepuram District. On 20/08/2020

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Sunil Kumar, Advocate, Sr.No.13331 Crl.O.P. No.2268 of 2020 BP(CO) GS(10/07/2020) srg 19/01/2021