Anna Rajesh v. The Inspector Of Police

Crl.O.P.(MD).No.1546 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.1546 of 2020 1.Anna Rajesh 2.Ahimas Chandra @ Agimas Chandra 3.Jono @ Robin Geno 4.Victor @ Immanuvel Victor 5.Jeyam @ Merlin Jeyapal .. Petitioners/Accused Nos.1 to 5 Vs.

1.State through by, The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

In Crime No.03 of 2020 ..1st Respondent/Complainant 2.Thanga Rebin ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.03 of 2020 dated 01.01.2020 on the file of the first respondent and quash the same. For Petitioners : Mr.R.Maheswaran For R1 : Mrs.S.Bharathi Government Advocate (Crl. Side) For R2 : Mr.C.Susi Kumar

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.03 of 2020 dated 01.01.2020 on the file of the first respondent, for the offences punishable under Sections 147, 294(b), 323 and 506(ii) 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. 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.R.Mohana Kumar, SSI 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.1546 of 2020 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.03 of 2020.

5.It is represented by the learned counsel for the petitioner that the petitioner paid a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the Credit of Hands of Compassion and filed the original cash receipt along with this memo on 30.01.2020. The said submission is placed on record. 6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.03 of 2020, 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 (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo Vsg To 1.The Inspector of Police, Rajakkamangalam Police Station, Kanyakumari District.

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

+1 CC to Mr.C.SUSI KUMAR, Advocate ( SR-4207[F] dated 31/01/2020 ) Crl.O.P.(MD).No.1546 of 2020 30.01.2020 KM/(10.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2