Justin Antony v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.1982 of 2018 1.Justin Antony 2.Antony Ajin : Petitioners/Accused Vs.

1.State Represented by The Sub-Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District.

[Crime No.34 of 2018]. :1st Respondent/Complainant 2.Anto Selvan : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the proceedings in Crime No.34 of 2018, on the file of the Sub-Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District and quash the same against the petitioner/accused.

For Petitioners : Mr.K.Vamanan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Ms.M.Padmavathy

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.34 of 2018, on the file of the Sub-Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District for an alleged offences under Sections 341, 294(b), 323, 506(i) and 379(Non Professional) of IPC.

2. The case is still in 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. In order to identify the respective they have also produced the copies of the Aadhaar Card which are made part of the record. 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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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.34 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.34 of 2018, on the file of the Sub-Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Committee), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Assistant Registrar (Writs) /True Copy/ Sub Assistant Registrar (CS-III) To 1.The Sub-Inspector of Police, Nesamony Nagar Police Station, Nagercoil, Kanyakumari District.

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

Copy To:

The Member Secretary Tamil Nadu State Legal Authority Madras.

+1cc to Mr.K.Vamanan Advocate in SR.no.79573. Sji DS/SKN/ SAR-3:11.09.2018: 2P/5C Crl.O.P.[MD].No.1982 of 2018 20.08.2018 https://hcservices.ecourts.gov.in/hcservices/