M.P.Sureshkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.18058 of 2019 1.M.P.Sureshkumar 2.T.C.Shankar @ Gowrishankar 3.R.Ajith 4.R.Karthi 5.R.Prabu .. Petitioners vs.

1. The State Rep by:

The Inspector of Police, Tiruchegode Town Police Station, Namakkal.

(Crime No.165 of 2019) 2.Saravanakumar .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records to Crime No.165 of 2019 on the file of the Tiruchengodu Town Police Station, Namakkal and quash the same. For Petitioner : M/s.K.Kannan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.165 of 2019, pending on the file of the Tiruchengodu Town Police Station, Namakkal and quash the same.

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 10.07.2019 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the 2nd 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.165 of 2019. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. The accused persons also paid a compensation of Rs.1,00,000/- (Rupees one Lakh only) to the second respondent before this Court and the same is recorded by this Court.

5. 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.165 of 2019.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.165 of 2019, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,500/- (Rupees One Thousand Five 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. 10.07.2019 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ub

N. ANAND VENKATESH, J.

ub To 1.The Inspector of Police, Tiruchegode Town Police Station, Namakkal.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P No.18058 of 2019 10.07.2019