Dheivamani v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2019
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16064 of 2019 1.Dheivamani 2.Ganesan 3.Chinna Thambi 4.Elanchiyam 5.Praveen 6.Arun Kumar (Minor) 7.Kaliyaperumal 8.Sangeetha 9.Pavunammal 10.Semmalai 11.Sakthivel 12.Sundaram 13.Radha 14.Selvakumar 15.S.Suyamprakasam ..Petitioners vs.
1. The Deputy Superintendent of Police, Ariyalur District, Ariyalur.
2.The Inspector of Police, Kairalabad Police Station, Ariyalur District.
3.Manikandan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Crime No.216 of 2018, pending on the file of the 1st respondent and quash the same by allowing the present Criminal Original Petition.
For Petitioner : M/s.R.Jayaprakash For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 and R2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.216 of 2018, pending on the file of the 1st respondent police.
2. The case is still at the stage of Trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. The Affidavit dated 11.07.2019 has been filed by the 3rd respondent/de-facto complainant before this Court. The petitioners and the 3rd respondent were also present in person before this Court and they were identified by Investigating Officer. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. In the affidavit it has been stated that the petitioners and the third respondent had entered into a compromise and amicably settled their issues in Crime No.216 of 2018. 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.216 of 2018.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.216 of 2018, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.300/- (Rupees Three Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
ub Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To
1. The Deputy Superintendent of Police, Ariyalur District, Ariyalur.
2.The Inspector of Police, Kairalabad Police Station, Ariyalur District.
3. The Public Prosecutor, High Court, Madras.
Copy to:- The Section Officer, Accounts Section, High Court, Madras - 104.
+1cc to Mr.R.Jayaprakash, Advocate, SR.No.59088 Crl.O.P No.16064 of 2019 Kak(29/08/2019) Kak(23/10/2019)