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Madras High CourtCRL OP(MD)/3830/2020allowed

Rajan @ Ponraj v. The Inspector Of Police

2020-02-28Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD)No. 3830 of 2020 Rajan @ Ponraj : Petitioner/Sole accused Vs.

1. State represented through Inspector of Police Aralavaimozhi Police Station, in Crime No. 8 of 2020 : R1/Complainant

2. Murugan : R-2/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the entire records relating to the First Information Report registered against the petitioner in Crime No. 8 of 2020, pending on the file of the first respondent police station and quash the same.

For Petitioner : Mr.Niranjan S.Kumar For R1 : Mrs.S.Bharathi, Government Advocate (crl. Side) For R2 : Mr.V. Balaji

ORDER

This Criminal Original Petition has been filed to quash the First Information Report registered against the petitioner in Crime No. 8 of 2020, pending on the file of the first respondent police station for the offences under Sections294(b), 341 & 506(ii) of IPC. 2.The case is still at 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 the police officials. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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.8 of 2020. 5.It is represented by the learned counsel for the petitioner that the petitioner paid a sum of Rs.5,000/-(Rupees Five thousand only) as costs to the Credit of the Siddha Medical Officer, CCRI Periyakulam, Theni District and filed the original cash receipt along with a memo on 28.02.2020. The said submission is placed on record.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.8 of 2020, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) To (Encl. Xerox copy of Joint Compromise memo)

1. The Inspector of Police Aralvaimozhi Police Station,

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.NIRANJAN S,KUMAR, Advocate ( SR-9569[F] dated 02/03/2020 ) Crl.O.P.(MD)No. 3830 of 2020 28.02.2020 SDS (17.06.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/