Madras High CourtCRL OP(MD)/3587/2019allowed

P.Mayakrishnan v. The Inspector Of Police

2019-03-21Honourable Mr Justice N. Seshasayee3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3587 of 2019 1.P.Mayakrishnan : Petitioner Vs.

1.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

In Crime No.575 of 2016.

2.Devendrasundersingh : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.575 of 2016, dated 28.09.2016 on the file of the respondent police Thirumangalam Town, Madurai District and quash the same.

For Petitioner : Mr.S.Siva Prakash For R-1 : Mr.V.Neelakandan Additional Public Prosecutor For R-2 : Mr.S.Azhagumalai

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.575 of 2016, on the file of the first respondent police, for an alleged offences under Sections 406, 420, 294(b) and 506(i) IPC. The offences are chiefly 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 petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by A.Ramkumar, Sub-Inspector of Police, Thirumangalam Town Police Station, Madurai, Contact No.8300058561. 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 First Information Report in Crime No.575 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.575 of 2016, 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 petitioner shall 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, 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 () // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of Joint Compromise Memo To 1.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

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

Copy to The District Siddha Medical Officer, CCRI, Periyakulam.

The Section Officer,(2 copies) Criminal Section Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.SIVA PRAKASH, Advocate ( SR-55779[F] dated 21/03/2019 ) rmi/ta Crl.O.P.[MD]No.3587 of 2019 21.03.2018 KM/(15.04.2019) 3P 7C