Danny Sornaraj @ Deni v. The Inspector Of Police
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. 3420 of 2020 Danny Sornaraj @ Deni : Petitioner/Sole accused Vs.
1. The State represented by its The Inspector of Police Sattur Taluk Police Station, Virudhunagar District Crime No. 16 of 2020 : R1/Complainant
2. V. Ganesan : R-2/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records pertaining to the case in Crime No. 16 of 2020, on the file of the first respondent police station and quash the same.
For Petitioner : Mr.N. Mariappan For R1 : Mrs.S.Bharathi, Government Advocate (crl. Side) For R2 : MR.S. Ragaventhree
ORDER
This Criminal Original Petition has been filed to quash the First Information Report registered against the petitioner in Crime No. 16 of 2020, pending on the file of the first respondent police station, for the offences under Sections 294(b), (i) 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 Mr.K. Subburaj. 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.16 of 2020. https://hcservices.ecourts.gov.in/hcservices/
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 Sathiya Ammaiyar Memorial Government Children Orphanage, Madurai and filed the original cash receipt along with this 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.16 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 (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) Ksa Encl: Xerox copy of Joint Compromise Memo To
1. The Inspector of Police Sattur Taluk Police Station, Virudhunagar District
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to Mr.N.MARIAPPAN, Advocate ( SR-8708[F] dated 27/02/2020 ) Crl.O.P.(MD)No. 3420 of 2020 28.02.2020 VB (17.06.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/