Mariappan v. The Inspector Of Police

Crl.O.P(MD).No. 1114 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. 1114 of 2020

1. Mariappan

2. M. Sivaraj ... Petitioners/A1 & A2 Vs.

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

(Crime No. 382 of 2019) ...R-1/Complainant

2. A. Pattammal ... R-2/Defacto complainant

3. Murugan ... R-3/Victim 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.382 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.P. Gunasekaran For R-1 : Mrs.S.Bharathi,GA (Crl.side) For R-2&3 : Mr. P. Saravanan

O R D E R

This Criminal Original petition has been filed to quash the FIR in Crime no.382 of 2019 on the file of the Inspector of Police, Veeravanallur Police Station, Tirunelveli District for the offences under Sections 294(b), 323, 506(ii) of IPC and 4 of TNPHW Act, 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 Constable2058. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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Crl.O.P(MD).No. 1114 of 2020 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. 382 of 2019.

5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the Credit of the M.S. Chellamuthu Trust and Research Foundation 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. 382 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) Encl:Xerox copy of joint compromise memo ksa To

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

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

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