Mugundhan v. The State Of Tamil Nadu Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4955 of 2019

1. K. Mugundhan

2. Kothandan

3. Kala .. Petitioners Vs.

1. State represented by The Sub Inspector of Police, All Women Police Station, Thiruvallur.

2. M.Indhumathi .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in respect of First Information Report in Crime No. 07 of 2018 on the file of the 1st respondent and quash the same.

For Petitioners :

M/s.S.Vigneshwar For Respondents :

Mr.M.Mohamed Riyaz, Addl.Public Prosecutor - R1

O R D E R

The prayer in the present petition is to call for the records in respect of First Information Report in Crime No. 07 of 2018 on the file of the 1st respondent and quash the same.

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. 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 https://hcservices.ecourts.gov.in/hcservices/

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.280 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 07 of 2018 pending on the file of the 1st respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs. 5000/-, as costs, to the Life Aid Center for the Disabled, 23, Rajaji Street, Manavalanagar, Tiruvallur (Old age home/orphanage), 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.

Sd/- Assistant Registrar (CS-VI) //True Copy// ak Sub Assistant Registrar To

1. State represented by The Sub Inspector of Police, All Women Police Station, Thiruvallur.

2. The Public Prosecutor, High Court, Madras.

3. The Secretary, The Life Aid Center for the Disabled, 23, Rajaji Street, Manavalanagar, (Old age home/orphanage), Tiruvallur +1 cc to M/s.S.Vigneshwar, Advocate, S.R.No.20182 CRL.O.P.No. 4955 of 2019 MG(CO) SSM(24/04/2019) https://hcservices.ecourts.gov.in/hcservices/