Madras High CourtCRL OP(MD)/9099/2020allowed

Rajkumar @ Rajakumar v. The Inspector Of Police

2020-09-02Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.9099 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9099 of 2020 1.Rajkumar @ Rajakumar 2.Karupaiah ..Petitioners / Accused Nos.1 and 2 Vs.

1.State represented by the Inspector of Police, Pattiveeranpatt Police Station, Dindigul District.

(Crime No.130 of 2020) ... Respondent / Complainant 2.Malar Selvam @ Malar Selvan ...Respondent / De facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the FIR in Crime No.130 of 2020, dated 30.03.2020, on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.S.Vanchinathan For R-1 : Mr.A.P.G.Ohn Chairma Prabhu Government Advocate (Criminal side) For R-2 : Mr.R.Ganesh Prabhu

O R D E R

This criminal original petition has been filed to quash the case registered in Crime No.130 of 2020, dated 30.03.2020, on the file of the first respondent Police Station, for the offence punishable under Sections 294(b), 324 and 506(ii) of 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. A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioners, second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court through video conferencing and they were identified by Mr.Dinesh Kumar, Inspector of Police, Pattiveeranpatti Police Station, Dindigul 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.9099 of 2020

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 First Information Report in Crime No.130 of 2020, pending on the file of the first respondent Police.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, FIR in crime No.130 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 (CSI) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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 Joint Compromise Memo To 1.The Inspector of Police, Pattiveeranpati Police Station, Dindigul District.

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

Crl.O.P.(MD)No.9099 of 2020 02.09.2020 KB(10.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2