Ravipandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3322 of 2019 Ravipandi : Petitioner/Sole Accused Vs.

1. State represented by The Inspector of Police, Samayanallur Police Station, Madurai District.

(in Cr.No.353 of 2017) : 1st Respondent/Complainant

2. Muthumeena : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to Cr.No.353 of 2017 pending on the file of the first respondent police and quash the same.

For Petitioner : Mr.M.Pitchai Muthu For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For R-2 : Mr.P.Maharaja

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Cr.No.353 of 2017 on the file of the first respondent police.

2. The petitioner and the second respondent are son and mother. 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.V.Madhavan, Special Sub-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 https://hcservices.ecourts.gov.in/hcservices/

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 Cr.No.353 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.353 of 2017, on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1,000/- 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 Encl.:Xerox Copy of Joint Compromise Memo To

1. The Inspector of Police, Samayanallur Police Station, Madurai District.

2. The Additonal 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,(2 copies) Madurai Bench of Madras High Court, Madurai Crl.O.P.[MD]No.3322 of 2019 05.03.2019 cmr MK (25.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/