Kanagaduraga Finance v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA and Crl.M.P.(MD).No.985 of 2020 1.Kanagaduraga Finance, Represented by its Manage, Mari Jeyachandra, Door No.274, 1st Floor, Deputy Collector Colony, Opp to Apollo Hospital, K.K.Nagar, Madurai-20.

2.P.Sidhartha Muthukumaran 3.T.Thirumaran 4.R.Ajay .. Petitioners Vs.

1.The Sub Inspector of Police, Nagamalai Putukottai Police Station, Madurai District.

(Crime No.342 of 2019) ... 1st Respondent/Complainant 2.K.Paramanantham ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to quash the FIR in Crime No.342 of 2019 on the file of Nagamalai Puthukottai Police Station, Madurai District.

For Petitioners : Mr.S.C.Herold Singh For R1 : Mrs.S.Bharathi Government Advocate (Crl. side)

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.342 of 2019 on the file of Nagamalai Puthukottai Police Station, Madurai District, for the offences punishable under Sections 323, 406 and 506(i) 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. 1/3

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 by Mr.S.Jeeva, Sup Inspector of Police. 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.342 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 Sathiya Ammayar Memorial Government Children Home and filed the original cash receipt along with this memo on 06.02.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.342 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. Consequently, the connected criminal miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) vsg ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To 1.The Sub Inspector of Police, NagamalaiPutukottai Police Station, Madurai District.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-5300[F] dated 07/02/2020 ) 06.02.2020 PM(CO) TR(19.02.2020) 3P 4C 3/3