M.Vannakili v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.18545 of 2018 1.M.Vannakili 2.K.Seenivasakan 3.C.Gunasekaran 4.S.Ponnuthai : Petitioners Vs.

1.The Inspector of Police, Sanarpatti Police Station, Dindigul District.

(In Crime No.408 of 2018) 2.V.Manohari : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the FIR pending against the petitioners/ accused in Crime No.408/2018 on the file of the respondent police recording the compromise of petitioners/accused and the defacto complainant. For Petitioners : Mr.R.Sevugaraja For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R-2 : Mr.S.Saravanakumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.408 of 2018, on the file of the first respondent, for an alleged offences under Sections 147, 323, 363, 343 and 506(2) of IPC.

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 second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.P.Selvaraj, Sub Inspector of Police and they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also enquired both the parties https://hcservices.ecourts.gov.in/hcservices/

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 proceedings in Crime No.408 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.408 of 2018, on the file of the first respondent, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.750/- as costs, to the credit of the Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, 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(CS-II) /True Copy/ Sub Assistant Registrar(CS-II) Encl:

Xerox copies of Joint Compromise memo To

1. The Inspector of Police, Sanarpatti Police Station, Dindigul District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to :

Incharge Officer, Rojavanam,Home for aged and poor,Madurai.

rmi SS/SV/SAR 2/03.12.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.[MD].No.18545 of 2018 12.10.2018