T.Pattan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.33808 of 2019

1. T.Pattan 2.E.Satheesh

3. A.Maripandi

4. K.Arumugaperumal 5.T.Sathish Kumar [ Petitioner Nos.3 to 5 are impleaded as per order in Crl.M.P.No.1344 of 2020 in Crl.O.P No. 33808 of 2019 dated 31.01.2020]

...Petitioners

-Vs1. The State, Represented by The Inspector of Police, Vadavalli Police Station, Coimbatore District.

(Crime No.393 of 2012)

2. Karthick @ Karthik Murugan ... Respondents Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in connection with the impugned F.I.R in Crime No.393 of 2012 on the file of the Inspector of Police, Vadavalli, Coimbatore District and quash the same in so far as the petitioners are concerned.

For Petitioners : Mr.P.Rajkumar For R1 : Mr.C.Raghavan Government Advocate

ORDER

This Criminal Original Petition has been filed to call for the records in connection with the impugned F.I.R in Crime No.393 of 2012 on the file of the Inspector of Police,

Vadavalli, Coimbatore District and quash the same in so far as the petitioners are concerned.

2. Based on the complaint lodged by the second respondent, the first respondent has registered an FIR in Cr.No.393 of 2012 against the petitioners herein under Sections 147, 148, 294(b), 447, 427, 324, 506(ii) IPC.

3. The case is still at the stage of investigation. By passage of time, the parties have decided to compromise the dispute amicably among themselves.

4. The Joint Memo of compromise has been filed by the 2nd respondent and the petitioners before this Court. The petitioners and the second respondent also present in person before this Court and they are identified by the first respondent. In order to identify the respective parties they have also produced the copies of the Aadhaar Card. In the Joint Memo of compromise, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Cr.No.393 of 2012. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending. Even though, the offence involved is 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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., inclined to quash the First Information Report in Cr.No.393 of 2012.

6. In the result, this Criminal Original Petition is disposed of and as a sequel, the proceedings in Cr.No.393 of 2012 on the file of the 1st respondent police, is quashed and the terms of Memo of Compromise shall form part and parcel of this order.

Sd/- Assistant Registrar (J) //True Copy// Sub Assistant Registrar Encl: Xerox Copy of Memo of Compromise Attached mfa

To

1. The Inspector of Police, Vadavalli Police Station, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

+6cc to Mr.P.Rajkumar, Advocate, S.R.No. 7918 Crl.O.P.No.33808 of 2019 GN(05/03/2020)