T.Manikandan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5444 of 2020 and Crl.MP.No.3084 of 2020 1.T.Manikandan 2.T.Vijayakumar 3.G.Venkatachalam 4.S.Thillai @ Thillaikarasan 5.S.Kumar 6.S.Sangeeth @ Sangeethkumar

...Petitioners

Vs.

1.The State rep by, The Inspector of Police, Mecheri Police Station Salem District.

(Crime No.222 of 2019) 2.M.Maheshkumar

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the Crime No.222 of 2019 on the file of the first respondent.

For Petitioners: Mr.A.Esakkiappan For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.222 of 2019 on the file of the first respondent police.

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 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.222 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.222 of 2019, on the file of the Inspector of Police, Mecheri Police Station, Salem District. 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.10,000/-, as costs, to the Tamil Nadu State Legal Services Authority, High Court, Madras, 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.

*The Xerox Copy of the Memo of Compromise enclosed Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Mecheri Police Station Salem District.

2.The Secretary, Tamil Nadu State Legal Services Authority, High Court, Madras.

3.The Sub Assistant Registrar/Section Officer, Criminal Section, High Court, Madras.

4.The Public Prosecutor, High Court, Madras.

+1cc to M/s.A.Esakkiappan, Advocate Sr.22410 Crl.O.P.No.5444 of 2020 and Crl.MP.No.3084 of 2020 rgn[co] srg 15/07/2020