Govindaraju v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6948 of 2019 and Crl.M.P.No.3805 of 2019

1. Govindaraj

2. P.Sankar

3. R.Dhanabal

4. M.Thillainathan

5. M.Karthikeyan

6. Sukumar

7. P.Gopinath

8. A.Lakshmanan

9. G.Moorthi 10.

S.Dineshkumar 11.

P.Sathishkumar 12.

N.Murugan

...Petitioners/Accused 1-12

Vs.

1.State rep. by, The Inspector of Police, Velur Police Station, Namakkal District.

2.R.Senthilraja

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.670 of 2014 pending on the file of Velur Police Station, Namakkal District and quash the same.

For Petitioners : M/s Deepan Uday For Respondent-1 : Mr.C.Raghavan Government Advocate [Crl. Side] For Respondent-2 : Mr.P.Raghupathy -----

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.670 of 2014 on the file of the Velur Police Station, Namakkal District, pursuant to the compromise arrived at by the parties.

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.670 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.280 of 2018, on the file of Velur Police Station, Namakkal District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.5,000/-, as costs, to the Udhavum Karangal, Namakkal District, 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.

*Enclosed Xerox Copy of the Memo of Compromise. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msm

To 1.The Inspector of Police, Velur Police Station, Namakkal District.

[Crime No.670 of 2014] 2.The Public Prosecutor, High Court, Madras.

Copy to:

1.The Udhavum Karangal, Namakkal District.

2. The Section Officer, V.R Section, High Court, Madras (For Watching the report of Compliance) +1cc to M/s. Deepan Uday, Advocate sr.25383(19/08/2019) Crl.O.P.No.6948 of 2019 and Crl.M.P.No.3805 of 2019 nr 24/07/2019