R.Mahesh Kumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3593 of 2019 1.R.Makesh Kumar 2.Mohankumar 3.Vinothkumar 4.Bharathiraja 5.Sureshkumar 6.Haitherali 7.Saravanan : Petitioners Vs.
1.State rep. by the Inspector of Police, Keeranur Police Station, Keeranaur, Pudukottai District (in Crime No.239 of 2017) 2.Chinnarasu : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records in Cr.No.239 of 2017 pending on the file of the first respondent and quash the same as illegal. For Petitioners : Mr.P.Ganapathi Subramanian For R-1 : Mr.V.Neelakandan Additional Public Prosecutor R2 :Mr.K.K.Chellapandian
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.239 of 2018, on the file of the first respondent police, for an alleged offences under Sections 147, 148, 294(b), 324 and 506(2) 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 Raadhu Raji, Inspector of Police, Keeranur All Women Police Station, Pudukottai District. This Court also enquired both the parties and was satisfied that the parties have come to an https://hcservices.ecourts.gov.in/hcservices/
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.239 of 2017.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.239 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.500/-, each 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 (CO) // True Copy // Sub Assistant Registrar(CS ) ta Encl: Xerox copy of Joint Compromise memo.
To 1.The Inspector of Police, Keeranur Police Station, Keeranaur, Pudukottai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai. Crl.O.P.[MD]No.3593 of 2019 08.03.2018 DS/ /SAR- (16.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/