Gobi @ Ramakrishnan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].Nos.19204 and 19205 of 2018 in Crl.O.P.(MD) No.19204 of 2018 Gobi @ Ramakrishnan : Petitioner Vs.

1.State represented by The Sub Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

Crime No.128 of 2018 2.Balagurunathan : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in Crime No.128 of 2018 on the file of the first respondent, quash the same.

For Petitioner :

Mr.V.Thirumal For R-1 :

Mr.R.Anandharaj Additional Public Prosecutor For R2 :

M/S.K.Gandhiammal in Crl.O.P.(MD) No.19205 of 2018 1.Pandi @ Pandiyaraj 2.Balaguru @ Balagurunathan 3.Dhanalakshmi : Petitioners Vs.

1.State represented by The Sub Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

Crime No.129 of 2018 2.Vignesh : Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in Crime No.129 of 2018 on the file of the first respondent, quash the same.

For Petitioners : M/S.K.Gandhiammal For R-1 : Mr.R.Anandharaj Additional Public Prosecutor For R2 : Mr.V.Thirumal COMMON ORDER These Criminal Original Petitions have been filed to quash the FIR in Crime Nos.128 and 129 of 2018 on the file of the respondent police, for the alleged offence under Sections 147, 148, 294(b), 355, 323, 324 and 506(ii) 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.The joint memo of compromise have been filed before this Court, which have been signed by the petitioners and the second respondent in both the petitions and also by their respective counsel. The petitioners and the second respondent in both the petitions were also present in person before this Court and they were identified by Mr.R.Udayasooriyan, SSI 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 charge sheet 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 FIR in Crime No.128 and 129 of 2018. 5.These Criminal Original Petitions stand allowed and as a sequel, the proceedings in Crime No.128 and 129 of 2018 on the file of the respondent police, are quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.250/- (Rupees Two Hundred and Fifty only) as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, IFSC Code.SBIN 0000898, M.I.C.R. Code.

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-III) Encl : Xerox copy of the Compromise memo To 1.The Sub Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

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

3.District Sidha Medical Officer, CCRI, Periyakulam.

+1cc to Mr.V.Thirumal, Advocate, Sr.No.92369. +1cc to M/s.K.Gandhiammal, Advocate, Sr.No.92370. Crl.O.P.[MD].Nos.19204 and 19205 of 2018 mm RAM-KK/RSK/SAR 3/06.12.2018/3P/6C