Madras High CourtCRL OP(MD)/9429/2018allowed

Saravanan v. The Sub Inspector Of Police

2018-10-03Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.9429 of 2018 and Crl.M.P(MD) No.4129 of 2018 Saravanan : Petitioner/1st Accused Vs.

1.The Sub Inspector of Police GH Police Station Trichy City Trichy District :1st Respondent/Complainant 2.Uma Maheshwari :2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No. 382 of 2017 pending investigation on the file of the first respondent police and quash the same.

For Petitioner : Mr.A.Ramesh For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.A.Senthilkumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 382 of 2017 on the file of the first respondent police for an alleged offences under Sections 147,363,323,506(i) of 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 petitioner and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.K.Selvaraj, SI of Police and they have also produced the copies of the Aadhaar Card which are made part of the record. 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 https://hcservices.ecourts.gov.in/hcservices/

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. 382 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 382 of 2017, on the file of the first respondent, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) Encl: Xerox copy of Joint Compromise Memo To 1.The Sub Inspector of Police GH Police Station Trichy City Trichy District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+2 CCs TO Mr.A.Ramesh , ADVOCATE IN SR No.88516. Aav DS RP SAR3 27 10 2018 2P 5C Crl.O.P.[MD].No.9429 of 2018 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/