Albin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.11492 of 2018 1.Albin 2.Roshan 3.Ameerkhan :Petitioners/Accused Nos.1 to 3 Vs.

1. The State Rep.by The Inspector of Police, Nesamani Nagar Police Station, Kanyakumari District. :1st Respondent/Complainant

2. Arputharajan :2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to pass an order calling for records in Crime No.17 of 2014 on the file of the first respondent Police and quash the same.

For Petitioners : Mr.D.Christenson Jugunu For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. side] For R-2 : Mr.S.Ramakrishnan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.17 of 2014 on the file of the first respondent, for an alleged offences under Sections 147, 341, 294 (b), 323, 342 & 506(ii) 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 petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.Murugan, SSI 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. https://hcservices.ecourts.gov.in/hcservices/

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 proceedings in Crime No.17 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.17 of 2014, on the file of the first respondent, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Authority, Chennai), 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(crl side) /True Copy/ Sub Assistant Registrar(CS-I) Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police, Nesamani Nagar Police Station, Kanyakumari District.

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

3. The Member Secretary, Tamil Nadu State Legal Services Authority, Madras High Court Campus, Chennai.

GNS VB/SKN/SAR1/04.10.2018/2P/4C Crl.O.P.[MD].No.11492 of 2018 21.08.2018 https://hcservices.ecourts.gov.in/hcservices/