Thangaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3113 of 2019 1.Thangaraj 2.Ponnuthai 3.Velusamy 4.Vellaisamy 5.Jeya @ Jeyalakshmi 6.Palaniyammal : Petitioners / Accused No.1 to 6 /Vs./ State through by 1.The Inspector of Police, Edayakottai Police Station Dindigul District.

: 1st Respondent / Complainant [Cr.No.98 of 2018] 2.Veerammal : 2nd Respondent / De facto Complainant 3.Balan @ Balasubramanian : 3rd Respondent / Injured PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to Crime No.98 of 2018 on the file of the 1st respondent and quash the same. For Petitioners : Mr.P.Chellapandian For R-1 : Mr.V.Neelakanden Additional Public Prosecutor For R-2 & R-3 : Mr.P.Manianandh

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.98 of 2018 on the file of the 1st respondent, for alleged offences under Sections 147, 447, 323 and 506(i) IPC. The offences are private in nature.

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. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.S.Karuppusamy, Special Sub-Inspector of https://hcservices.ecourts.gov.in/hcservices/

Police, Kannimandhayam Police Station, Contact:83000 37027. 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 FIR 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 FIR in Crime No.98 of 2018 on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.98 of 2018 on the file of the 1st respondent, is quashed and the terms of Joint Memo of Compromise 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 Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), 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-) Enclosure:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Edayakottai Police Station Dindigul District.

2.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.

+2cc to Mr.D.Venkatesh, Advocate, SR.No.53127 Crl.O.P.[MD]No.3113 of 2019 07.03.2019 SP/12.04.2019/ 2P/6C https://hcservices.ecourts.gov.in/hcservices/