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Madras High CourtCRL OP(MD)/3412/2020allowed

Sathishkumar v. The Inspector Of Police

2020-02-26Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.[MD].No.3412 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.3412 of 2020 1.Sathishkumar 2.Ganeshamoorthy 3.Amaran 4.Karthick : Petitioners Vs.

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

In Crime No.170 of 2020 2.Balamurugan : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the Crime No.170 of 2020, on the file of the first respondent and quash the same as illegal regard to this petitioners.

For Petitioners : Mr.S.Ayyanar Prem Kumar For R-1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R-2 : Mr.Prabhakaran

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.170 of 2020, on the file of the first respondent police, for the offences punishable under Sections 294(b), 323 and 505(2) 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 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.3412 of 2020 were identified by Mr.M.Thiagarajan, 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.170 of 2020. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.4,000/-(Rupees Four Thousand only) as costs to the Credit of the Rojavanam Old Age Home, Uthangudi, Malur Road, Madurai and filed the original cash receipt along with this memo on 26.02.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.170 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 (P&A) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Inspector of Police, Sellur Police Station, Madurai District.

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

+1 CC to M/s.S.AYYANAR PREAMKUMAR, Advocate ( SR-8585[F] dated 26/02/2020 ) Crl.O.P.[MD].No.3412 of 2020 26.02.2020 JMN(09.03.2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2