Dhilipan Tamil Raj v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2019
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.OP.No.10938 of 2019 1.Dhilipan Tamil Raj 2.Stanley 3.Kasturibai 4.Listiha Yazani 5.Francis ... Petitioners Vs.
1. The Inspector of Police, Thiruvallam Police Station, Katpadi, Vellore District, Vellore.
2. J.W.Aarthi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records in pursuant to the FIR in Crime No.19 of 2017 pending on the file of the 1st respondent and quash the same.
For Petitioners : Mr.M.Sathish Kumar For Respondents : Mr.M.Mohamed Riyaz for R1 Additional Public Prosecutor Mr.G.Thangarajan for R2
O R D E R
This Criminal Original Petition has been filed to quash the FIR in Crime No.19 of 2017, on the file of the first respondent, Thiruvallam Police Station, Katpadi, Vellore District, Vellore.
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 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.19 of 2017.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.19 of 2017, on the file of the Inspector of Police, Thiruvallam Police Station, Katpadi, Vellore District, Vellore is quashed and the terms of Joint Compromise Memo shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, as costs, to Udhavum Karangal, No.460, 25th Street, NSK Nagar, Arumbakkam, Chennai - 600 106 (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 //True Copy// Sub Assistant Registrar pam To
1. The Inspector of Police, Thiruvallam Police Station, Katpadi, Vellore District, Vellore.
2. The Public Prosecutor, High Court, Chennai-104.
+1 cc to Mr.M.Sathishkumar, Advocate, S.R.No.41835 +1 cc to Mr.G.Thyagarajan, Advocate, S.R.No.42810 copy to:
1) Udhavum Karangal, (Old age home/orphanage) No.460, 25th Street, NSK Nagar, Arumbakkam, Chennai - 600 106 2) The Section Officer, Criminal Section, High Court, Madras.
CRL.OP.No.10938 of 2019 GJ(CO) SSM(06/06/2019)