Manish Galada v. The Inspector Of Police

Crl.O.P.(MD)No.8596 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.8596 of 2020 1.Manish Galada 2.Uttamchand Galada 3.Vasantha Bala Galada

...Petitioners/Accused Nos 1-3

Vs.

1.The Inspector of Police, Central Crime Branch, Tiruchirappalli City Police Station, Tiruchirappalli District.

(Crime No.4 of 2020) ... 1st Respondent /Complainant 2.Arun Chidambaram C ... 2nd Respondent / De facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in Crime No.4 of 2020 on the file of the first respondent and to quash the same.

For Petitioners : Mr.V.Raghavachari For R1 : Mr.A.P.G.Ohm Charima Prabhu Government Advocate For R2 : Mr.Prasana Venkatash

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.4 of 2020, for the offences punishable under Sections 417, 420, 506(ii) and 120B of I.P.C., dated 20.03.2020 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 petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in persons before this Court through video conferencing and they were identified by Mr.Nanjilkumar, Inspector of Police, Central Crime Branch, Tiruchirappalli City Police Station, Tiruchirappalli District. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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Crl.O.P.(MD)No.8596 of 2020 4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending. Furthermore, the offences involved are not compoundable in nature. Hence, 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. 137 of 2020.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 4 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 (AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) cp Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. Encl:Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Central Crime Branch, Tiruchirappalli City Police Station, Tiruchirappalli District.

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

+1 CC to Mr.S. RAMESH, Advocate ( SR-15060[F] dated 27/08/2020 ) Crl.O.P.[MD]No.8596 of 2020 26.08.2020 VB (08.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2