Madras High CourtCRL OP(MD)/1110/2020allowed

Mayandi v. The Inspector Of Police

2020-01-27Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P(MD).No. 1110 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.01.2020

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P(MD).No. 1110 of 2020

1. Mayandi

2. Chermadurai @ Cherman

3. Muppidathi

4. Muthumari

5. Ganesan

6. Arjunan ... Petitioners/A1 to A6 Vs.

1. The State rep. by The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(Crime No. 376 of 2019) ...R-1/Complainant

2. Mani ... R-2/Defacto complainant Prayer:

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the entire records pertaining to the case in Crime no.376 of 2019 on the file of the Inspector of Police, Veeravanallur Police Station, Tirunelveli District and quash the same as against the petitioners.

For Petitioner : Mr.R. Anand For R-1 : Mrs.S. Bharathi, Government Advocate (crl. Side) For R-2 : Mr. P. Gunasekaran

O R D E R

This Criminal Original petition has been filed to quash the FIR in Crime no.376 of 2019 on the file of the Inspector of Police, Veeravanallur Police Station, Tirunelveli District for the offences under Sections 147, 148, 294(b), 324, 323 and 506(ii) of IPC as against the petitioners.

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 petitioners and the second respondent were also present in person before this Court and they were identified by Mr.Ashok Kumar, Head Constable-2058. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD).No. 1110 of 2020 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. 376 of 2019. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.

10,000/-(Rupees Ten thousand only) as costs to the Credit of the Hands of Compassion 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. 376 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 (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) ksa Encl:Xerox Copy of Joint Compromise Memo.

1. The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

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

Crl.O.P(MD) No.1110 of 2020 27.01.2020 KK/SAR/18.02.2020/2P-3C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2