C.Perumal Babu v. The Inspector Of Police

Crl.O.P.(MD).No.1181 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.1181 of 2020 C.Perumal Babu .. Petitioner / Accused No.1 Vs.

1.State through, The Inspector of Police, Perungudi Police Station, Madurai District.

In Crime No.37 of 2018 ..Respondent / Complainant 2.Rajasri ... Respondent / Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned FIR in Crime No.37 of 2018 dated 15.02.2018 on the file of the first respondent police and to quash the same. For Petitioner : Mr.M.Mukesh Sharma For R1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R2 : Mr.J.William Christopher

O R D E R

The Criminal Original Petition has been filed to quash the First Information Reportin Crime No.37 of 2018 dated 15.02.2018 on the file of the first respondent police, for the offences punishable under Sections 341, 294(b), 323 and 506(ii) of IPC. 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 petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.Murugan, HC506.

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 https://hcservices.ecourts.gov.

Crl.O.P.(MD).No.1181 of 2020 Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.37 of 2018. 5.It is represented by the learned counsel for the petitioner that the petitioner paid a sum of Rs.10,000/-(Rupees Ten thousand only) as costs to the Credit of the Chief Justice Relief Fund, Madurai Bench of Madrash High Court, Madurai and filed the original cash receipt along with this memo on 27.01.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.37 of 2018, 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 (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) ENCL: Xerox copy of Joint Compromise Memo vsg To 1.The Inspector of Police, Perungudi Police Station, Madurai District.

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

Crl.O.P.(MD).No.1181 of 2020 27.01.2020 sma/11/02/2020/2p/3c https://hcservices.ecourts.gov.in/hcservices/ 2/2