Senthilkumar @ Santokumar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.[MD]No.11583 of 2018 Senthilkumar @ Santokumar : Petitioner/Accused Vs.

1.The State represented by, The Sub-Inspector of Police, Chokkampatti Police Station, Chokkampatti, Tirunelveli District.

(Crime No.79 of 2014) :1st Respondent/Complainant 2.Muthammal : 2nd Respondent/ Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the entire records pertaining to the case in Crime No.79 of 2014 on the file of the Sub-Inspector of Police, Chokkampatti Police Station, Chokkampatti, Tirunelveli District and quash the same.

For Petitioner : Mr.G.Vanjinathan For Respondent No.1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For Respondent No.2 : Mr.S.Ramachandra Pradeep

O R D E R

************ This Criminal Original Petition has been filed praying to call for the entire records pertaining to the case in Crime No.79 of 2014 on the file of the Sub-Inspector of Police, Chokkampatti Police Station, Chokkampatti, Tirunelveli District and quash the same. 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 petitioner and the second respondent and also by their respective Counsel. In order to identify the respective parties they have also produced the copy of the Aadhaar Card and the Identity Cards are made part of the record.

This Court also enquired both the parties and is 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 pending. Even though, the offences involved are not compoundable in nature. In the light of https://hcservices.ecourts.gov.

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.79 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.79 of 2014, on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- [Rupees Five Hundred only] as costs, to the credit of the Environment Fund [payable in Member Secretary, Tamil Nadu State Legal Services Authority, Chennai, Indian Bank, Madras High Court Branch, High Court Building], 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(T&P) /True copy/ Sub Assistant Registrar(CS-III) Encl:Xerox Copy of Joint Compromise Memo.

To 1.The Sub-Inspector of Police, Chokkampatti Police Station, Chokkampatti, Tirunelveli District.

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

Copy to:

1.The Officer Incharge/Member Secretary, Tamil Nadu Legal Services Authority, Chennai.

2. The Officer Incharge Indian Bank, Madras High Court Branch, High Court Building, Chennai.

+1cc to Mr.G.VANJINATHAN, Advocate, SR.No. 79026 Crl.O.P.[MD]No.11583 of 2018 16.08.2018 MR KK/RP/SAR-3/11.09.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/