T.Ragu v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:15.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 7363 of 2019 T.Ragu

...Petitioner /

Sole Accused Vs.

1. State rep. by, The Deputy Superintendent of Police, Ponneri Sub Division, Thiruvalluvar District.

2. The Inspector of Police, Minjur Police Station, Thiruvalluvar District.

(Crime No.563 of 2018) ...1st & 2nd Respondent / Complainant

3. Vellaichamy ...3rd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the impugned FIR in Crime No.563 of 2018 on the file of the 2nd respondent police and quash the same.

For Petitioner : Mr.T.Veerakumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.563 of 2018 on the file of the Inspector of Police, Minjur Police Station, Thiruvalluvar 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 petitioner and the third 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.563 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.563 of 2018, on the file of the Inspector of Police, Minjur Police Station, Thiruvalluvar District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5000/-, as costs, to the Udavum Karangal, No.460, 25th Street, NSK Nagar, Arumbakkam, Chennai-600 106. Ph.9144-26216321, 26216421, 26222161, 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/- Deputy Registrar (C.S) //True Copy// Sub Assistant Registrar rri To

1. The Deputy Superintendent of Police, Ponneri Sub Division, Thiruvalluvar District.

2. The Inspector of Police, Minjur Police Station, Thiruvalluvar District.

(Crime No.563 of 2018)

3. The Public Prosecutor, High Court, Madras.

4. The Secretary, Udavum Karangal, No.460, 25th Street, NSK Nagar, Arumbakkam, Chennai-600 106.

Ph.9144-26216321, 26216421, 26222161,

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

(To watch Compliance) +1 cc to Mr.T.Veerakumar, Advocate, S.R.No.36822 Crl.O.P.No. 7363 of 2019 RJI(CO) SSM(23/05/2019).