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Madras High CourtCRL OP(MD)/4210/2019allowed

Vicky @ Vignesh Rajapandian v. The Inspector Of Police

2019-03-20Honourable Mr Justice N. Seshasayee4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]Nos.4210, 4211, 4212 and 4172 of 2019 In Crl.O.P(MD)No.4210 of 2019:

1.Vicky @ Vignesh Rajapandian 2.Sankar @ Sankar Ganesh 3.Vishnu @ Vishnu Mohan 4.Subash @ Subas Pandidurai 5.Mathiganesh 6.K.V.Rajadurai 7.Kalayarasan : Petitioners/A1 to A7 Vs.

1.The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai (Crime No.03 of 2018) : 1st Respondent / Complainant 2.Jeyaraman Cr.P.C. to quash the F.I.R. in Crime 440 of 2015 on the file of District : Mr.B.Vinothkumar In Crl.O.P(MD)No.4211 of 2019:

1.Sankar @ Sankar Ganesh 2.Vishnu @ Vishnu Mohan 3.Karthick 4.Sivakumar 6.Thiruganesh : Petitioners/A1 to A5 Vs.

1.The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai (Crime No.03 of 2018) : 1st Respondent / Complainant 2.Jeyagopi

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the F.I.R. in Crime 267 of 2015 on the file of District : Mr.B.Vinothkumar In Crl.O.P(MD)No.4212 of 2019:

1.Jeyagopi 2.Jeyaraman 3.Parthiban 4.Prabakaran : Petitioners/A1 to A4 Vs.

1.The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai (Crime No.03 of 2018) : 1st Respondent / Complainant 2.Vishnu Mohan Cr.P.C. to quash the F.I.R. in Crime 269 of 2015 on the file of District : Mr.B.Vinoth Kumar In Crl.O.P(MD)No.4172 of 2019:

1.Jeyaraman 2.Jeganathan 3.Bose 4.Jeyagopi 5.Murugan : Petitioners/A1 to A4 Vs.

1.The Inspector of Police, Samayanallur Police Station, Samayanallur, Madurai (Crime No.03 of 2018) : 1st Respondent / Complainant

2.A.Valarmathi Cr.P.C. to quash the F.I.R. in Crime 439 of 2015 on the file of District.

: Mr.B.Vinoth Kumar C O M M O N O R D E R The Criminal Original Petitions have been filed to quash the First Information Reports in Crime Nos.439, 440, 267 and 269 of 2015 pending on the file of the respondent Police for the alleged offences under Sections 147, 148, 294(b), 323, 324 and 506(ii) I.P.C., Sections 147, 148, 294(b), 323, 324, 294(b) and 506(ii) I.P.C., Sections 341, 323, 324, 294(b) and 506(ii) I.P.C and Sections 341, 323, 324, 294(b) and 506(ii) I.P.C respectively. The offences are primarily private in nature.

2. The cases are 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. Joint Memos of Compromise have been filed before this Court which have been signed by the parties and also by their respective counsel. The parties were also present in person before this Court and they were identified by Mr.Madaian, Special Sub-Inspector of Police, Samayanallur Police Station. 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 Reports 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 Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [(2017) 9 SCC 641] and The State of Madhya Pradesh Vs. Laxmi Narayan & Others CDJ [2019 SC 264] , this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Reports in Crime Nos.439, 440, 267 and 269 of 2015 pending on the file of the respondent Police.

5. This Criminal Original Petitions stand allowed and as a sequel, the First Information Reports in Crime Nos.439, 440, 267 and 269 of 2015 pending on the file of the respondent Police, are quashed and the terms of Joint Memos 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 District Siddha Medical Officer CCRI PKM, A/cNo. 10767823177, IFSC Code: SBIN0000898, MICR Code: 625002601, SBI Periyakulam, 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 (CS-III) // True Copy // Sub Assistant Registrar(CS) To, 1.The Inspector of Police, Samayanallur Police Station, Samayanallur,Madurai 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Officer, District Siddha Medical Officer, CCRI PKM, Periyakulam cm Crl.O.P.[MD]Nos.4210, 4211, 4212 and 4172 of 2019 20.03.2019 KM/(04.04.2019) 4P 4C