G.Thangadurai v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10473 of 2019 1.G.Thangadurai 2.D.Ganesan 3.G.Valarselvi 4.Sangeetha 5.N.Sivakumar 6.R.Sasikala 7.Rajkumar

...Petitioners

Vs.

1. State by, The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai.

2. R.Suba

...Respondents

PRAYER :

Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records FIR in Crime No.11 of 2017 pending on the file of the Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai and to quash the same. For Petitioners : Mr.Ganesh Rajan For R1 : Mr.C.Raghavan Government Advocate (Crl.Side) For R2 : Mr.K.Muthukannaian

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.11 of 2017 on the file of the Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai, 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 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.11 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.11 of 2017, on the file of the Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai 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.5,000/-, as costs, to the Kaakkum Karangal at Old-7, New-39, East Madha Street, Thiruvanmiyur, Near Temple Tank, Chennai-600 041. (Ph.No.+91-4424401825)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. * Xerox copy of Memo of Compromise, dated 15.04.2019 is enclosed.

Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar mpa

To

1. The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai.

2. The Public Prosecutor, High Court, Madras.

Copy To 1.

The Kaakkum Karangal, Old-7, New-39, East Madha Street, Thiruvanmiyur, Near Temple Tank, Chennai-600 041.

2.

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

+1cc to Mr.Ganesh Rajan, Advocate, S.R.No.39262 Crl.O.P.No.10473 of 2019 GJII(CO) CS/13/06/2019