Sivakumar v. The Inspector Of Police

Crl.O.P.(MD).No.427 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).No.427 of 2020

1. Sivakumar

2. Naveen Kumar

3. Prabakaran

4. Vasanth

5. Boopathi

6. Gopal

7. Venkatesh

8. Kathiresan ... Petitioners/Accused No.1 to 8 Vs.

1. State Rep. by The Inspector of Police, Mayanoor Police Station, Karur District.

(Crime No. 49 of 2019) ...1st Respondent/Complainant

2. Srinivasan ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records of FIR in Crime No. 49 of 2019 on the file of the first respondent and to quash the same. For Petitioners : Mr.B. Santhanam Rajeshkumar For R-1 : Mrs.S.Bharathi, Government Advocate (crl. Side) For R-2 : M/s.S. Sathya Chidambaram

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No. 49 of 2019 for the offences under Sections 147, 148, 341, 294(b), 324 & 506(ii) of IPC on the file of the first respondent police.

2.The case is still at 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.Gandhi Selvam, HC-664, Mayanoor Police Station. This Court also enquired both the parties and was satisfied https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.427 of 2020 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. 49 of 2019. 5.It is represented by the learned counsel for the petitioners that the petitioner has paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of the Hands of Compassion and filed the original cash receipt along with this memo on 10.01.2020. The said submission is placed on record.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.49 of 2019, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (AD I) // True Copy // / /2020 Sub Assistant Registrar(CS) Ksa ENCL :Memo of Cost dated 10/01/2020.

To

1. The Inspector of Police, Mayanoor Police Station, Karur District.

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

Crl.O.P(MD)No.427 of 2020 10.01.2020 KK/SAR/07.02.2020/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2