R.Mani @ Manikandan v. The Inspector Of Police

Crl.O.P.(MD).No. 9178 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No. 9178 of 2019 R.Mani @ Manikandan ... Petitioner/Sole Accused Vs.

1. The state rep. by The Inspector of Police, Palamedu Police Station, Madurai District.

(Crime No. 122 of 2017).

... 1st Respondent/Complainant

2. Jeya ... 2nd Respondent/Defacto Complainant

3. K. Meena ... 3rd Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to Cr.No.122/2017 on the file of the first respondent police and quash the same. For Petitioner : Mr.C. Gangai Amaran For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Cr.No.122/2017 on the file of the first respondent police.

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 respondent-2 & 3 and also by their respective counsel. The petitioner and the respondents-2 & 3 were also present in person before this Court and they were identified by Mr.Ganesh, Sub-Inspector 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 is pending before the respondent police. Even though, the offences involved are not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No. 9178 of 2019 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.122 of 2017 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.122 of 2017, on the file of the first respondent police, is quashed and the terms of affidavit of the defacto complainant which shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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 (CS-II) // True Copy // Sub Assistant Registrar(CS ) Encl.:Xerox Copy of Joint Compromise Memo To

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

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

3. The Section Officer, Accounts Section, Madurai bench of Madras High Court, Madurai

4. The Section Officer, Criminal Section,(2 copies) Madurai bench of Madras High Court, Madurai +1 CC to Mr.C.GANGAI AMARAN, Advocate (SR-86664[F] dated 13/09/2019 ) Crl.O.P.(MD).No. 9178 of 2019 12.09.2019 KSA MK (17.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2