Madras High CourtCRL OP(MD)/3676/2019allowed

Paramasivam v. The Inspector Of Police

2019-03-11Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.3676 of 2019 1.Paramasivam 2.Pandiyaraj 3.Gopalakrishnan 4.Veerasinnu : Petitioners / Accused No.1 to 4 /Vs./

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

: 1st Respondent / Complainant [Crime No.123 of 2017] 2.Sonai Kumar : 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in relating to the impugned FIR in Crime No.123 of 2017 on the file of the first respondent and to quash the same.

For Petitioners : Mr.A.Karthik For R-1 : Mr.V.Neelakanden Additional Public Prosecutor For R-2 : Mr.S.Vijayakumar

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.123 of 2017 on the file of the first respondent, for alleged offences under Sections 294(b), 323, 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 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.B.Athinarayanan, Sub-Inspector of Police, Villoor Police Station, Madurai, Contact:94981 81993. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/

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.123 of 2017 on the file of the first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.123 of 2017 on the file of the first 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(CO) /True Copy/ Sub Assistant Registrar Encl.:Xerox Copy of Joint Compromise Memo dated 06.03.2019 To

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

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

Copy to:

The Section Officer, Accounts Section, Madurai Bench of Madras High court, Madurai +1 CC to Mr.M.S.JEYAKARTHIK, Advocate ( SR-53308 dated 12/03/2019 ) Crl.O.P.[MD]No.3676 of 2019 11.03.2019 sm MK (19.03.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/