Boopathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.3317 of 2018 1.Boopathy 2.Prasanth 3.Packiyaraj 4.Vasantha 5.Selvi 6.Mariya @ Mariya Arockiyam : Petitioners Vs.

1.The State represented by its, The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

(Crime No.337 of 2016) 2.Ilaya Rajan : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records in relating to the entire proceedings of the impugned charge sheet in S.C.No.54 of 2017 on the file of the learned District and Sessions Court, Sivagangai and to quash the same.

For Petitioners : Mr.S.S.Annadurai For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R-2 : Mr.R.Kathiresaperumal

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C.No.54 of 2017, on the file of the learned District and Sessions Court, Sivagangai, for an alleged offences under Sections 147, 341, 294(b), 353, 506(ii) of IPC and Section 3 of TNPPDL Act, 1992.

2. The case is still in the stage of trial. 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 by Mr.V.Murugesan, Sub-Inspector of

Police and 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.

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 proceedings in S.C.No.54 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.54 of 2017, on the file of the learned District and Sessions Court, Sivagangai, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. All the petitioners together will pay a sum of Rs.1000/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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 (Crl Side) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The District and Sessions Court, Sivagangai. 2.The Inspector of Police, Ilayankudi Police Station, Sivagangai District.

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

COPY TO

1. The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

2. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1 CC To MR.M.S.JEYAKARTHIK, Advocate SR. NO. 90638 Crl.O.P.[MD].No.3317 of 2018 12.10.2018 RMI TR/RP/SAR-IV(14.11.2018)3P 8C