Parthiban v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.6098 of 2018 1.Parthiban 2.Jothimani 3.Periyamaruthu 4.Attapatty Periyamaruthu @ Periyamaruthu 5.Attapatty Ayyanar @ Ayyanar 6.Thavamani 7.Suriyaprakash : Petitioners Vs.

1.The State through, The Inspector of Police, Melur Police Station, Madurai.

2.Arun : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C to call for the records in connected with the case in Crime No.131 of 2014 on the file of the respondent No.1 and quash the same as illegal.

For Petitioners : Mr.R.Alagumani For R-1 : Mr.M.Chandra Sekaran Additional Public Prosecutor For R-2 : Mr.L.M.Vijai Boominathan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.131 of 2014 on the file of the first respondent for an alleged offences under Sections 147, 148, 294(b), 324 and 307 IPC.

2. The case is 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. 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 parties were also present before the Court and they were identified by S.Ramu, SSI of Police and they have also produced the copies of the Aadhaar Card which are made part of the record.

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4. Under such circumstances, no useful purpose will be served in keeping the proceedings 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 proceedings in Crime No.131 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.131 of 2014, on the file of the first respondent, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.250/- as costs, to the credit of the Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, 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(Crl. Side) /True Copy/ Sub Assistant Registrar(CS-IV) Encl : Xerox copy of Joint Compromise memo dated 01.01.2018.

To 1.The Inspector of Police, Melur Police Station, Madurai.

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

Copy to

1. The Officer Incharge Rojavanam, Home for aged and poor, Melur main road,Ulaganeri, Madurai -107.

2. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.R.Alagumani, Counsel for Petitioner, SR.NO.89867 rmi SS/RP/SAR 4/03.12.2018/2P/6C Crl.O.P.[MD].No.6098 of 2018 10.10.2018 https://hcservices.ecourts.gov.in/hcservices/