Gowtham v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.02.2020
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.Gowtham 2.Bagavathsingh 3.Viji @ Vijay 4.Thirupathi 5.Prasath 6.Ajithpandi @ Ajithpandian : Petitioners Vs.
1.The State Rep. by The Inspector of Police, Oomatchikulam Police Station, Madurai District.
In Crime No.36 of 2019.
2.Thangaraju : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to FIR in Crime No.36 of 2019, dated 08.02.2019, under Sections 147, 148, 294(b), 323, 324 and 506(1) of IPC, on the file of the Inspector of Police, Oomachikulam Police Station, Madurai and quash the same as against the petitioner.
For Petitioners : Mr.S.Mahendrapathy For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : Mr.D.Arul Joseph
ORDER
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.36 of 2019, on the file of the first respondent police, for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(1) 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 1/3
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 M/s.B.Chandradevi, SI of Police. 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.36 of 2019. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5,000/-(Rupees Five Thousand only) as costs to the Credit of the Gandhi Memorial Museum, Madurai and filed the original cash receipt along with this memo on 24.02.2020. The said submission is placed on record. 6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.36 of 2019, 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.
Xerox copy of the Joint Compromise Memo To 1.The Inspector of Police, Oomatchikulam Police Station, Madurai District.
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2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.MAHENDRAPATHY, Advocate ( SR-7995[F] dated 25/02/2020 24.02.2020 JMN(09.03.2020) 3P : 4C 3/3