Karthick v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).Nos. 1620 & 1728 of 2020

1. Karthick

2. Anbu @ Anbarasu

3. Rajesh @ Rajeshkannan

4. Balu

5. Jothi

6. Jeya

7. Babu ... Petitioners/Accused Nos. 1 to 7 Vs.

1.The Inspector of Police, Mayanoor Police Station, Karur District.

(Crime No. 14 of 2020) ... R-1/Complainant

2. Nivetha ... R-2/Defacto complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records relating to the case in Crime No. 14 of 2020 on the file of the first respondent and quash the same.

For Petitioners : Mr.M. Suresh For R1 : Mrs.S.Bharathi Government Advocate (crl. side) For R2 : Mr.P. Edin Brouch Crl.O.P.(MD).No. 1728 of 2020

1. Ragu @ Anbarasu

2. Thakkali Dhinesh @ Dhinesh

3. Sankar @ Muralitharan

4. Elanjiyam ..Petitioners/A1 to 4 Vs.

1.The Inspector of Police, Mayanoor Police Station, Karur District.

(Crime No.15 of 2020) ...R-1/Complainant

2. Rajeshwari ...R-2/Defacto Complainant 1/3

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in Crime No. 15 of 2020 on the file of the first respondent and quash the same.

For Petitioners : Mr.P. Edin Brough For R1 : Mr.S.Bharathi Government Advocate (crl. side) For R2 : Mr.M. Suresh COMMON ORDER These Criminal Original Petitions have been filed to quash the FIR in Crime Nos.14 of 2020 for the offences under Sections 147, 148, 294(b), 324, 506(2) of IPC and in Crime No.15 of 2020 for the offences under Sections 294(b), 324 & 506(ii) of IPC on the file of the first respondent police as against the petitioners.

2. The cases are 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. The Joint Memo of Compromise have been filed before this Court, which have been signed by the petitioners and the private respondents and also by their respective counsel. The petitioners and the private respondents were also present in person before this Court and they were identified by M/s. R. Jothilakshmi, HC-1412, Mayanur P.S. 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 Reports 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 Nos. 133 & 134 of 2019.

5. It is represented by the learned counsel for the petitioners that the petitioners have paid a sum of Rs. 15,000/- (Rupees Fifteen Thousand only) as costs to the Credit of the M.S. Chellamuthu Trust and Research Foundation and filed the original cash receipts along with this memo on 03.02.2020. The said submission is placed on record.

6. Accordingly, these Criminal Original Petitions are allowed 2/3

and as a sequel, the proceedings in Crime Nos. 14 & 15 of 2020, on the file of the first respondent police, are quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) Ksa Encl:Xerox Copy of Joint Compromise Memo.

To 1.The Inspector of Police, Mayanoor Police Station, Karur District.

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

+2 CC to M/s.M.SURESH, Advocate ( SR-4571[F],SR-4572[F] dated 04/02/2020 ) Crl.O.P.(MD).Nos. 1620 & 03.02.2020 KK/SAR/18.02.2020/3P-5C/ 3/3