Helenraj @ Kownraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA 1.Helenraj @ Kownraj 2.Muruganantham 3.Lakshmanan @Lakshmana Bharathi 4.Sarath @ Sarathkumar 5.Ganesan 6.Rakeshwaran 7.Ratchagan 8.Guna 9.Madhavan 10.Rajadurai 11.Surya ... Petitioners Vs.

1.The State Through The Inspector of Police, E.Puthur Police Station, Trchy City, Trichy.

(Crime No.324 of 2019) 2.Muthupandi ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records connected with FIR in Crime No.324 of 2019 on the file of the respondent No.1 and quash the same as illegal in so far as the petitioner is concerned.

For Petitioners : Mr.R.Alagumani For R1 : Mr.S.Chandrasekar Additional Public Prosecutor For R2 : Mr.S.Manoj Immanuel

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.324 of 2019 on the file of the first respondent Police, for the offences punishable under Sections 1/3

147, 148, 298(b), 323, 324 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 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. 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 Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.324 of 2019. 5.The learned counsel appearing for the petitioners would submit that the petitioners are students and that they have depended on their parents. Therefore, they are prepared to abide by any conditions as imposed by this Court.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.324 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. Further, the petitioners are directed to approach the Dean of K.A.P.Viswanatham Government Medical College and Hospital and clean the General ward of K.A.P.Viswanatham Government Medical College and Hospital on 22.02.2020 and get certificate in this regard from the Dean and report before this Court on 26.02.2020. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg Encl:

Xerox copy of the Joint Compromise Memo 2/3

To 1.The Inspector of Police, E.Puthur Police Station, Trchy City, Trichy.

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

Copy to:

The Dean, K.A.P.Viswanatham Government Medical College and Hospital, Trichy.

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-4888[F] dated 05/02/2020 ) 05.02.2020 JMN(13.02.2020) 3P : 5C 3/3