Haripandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.11867 of 2018 1.Haripandi 2.Prabhu @ Vikki 3.Manikanndan @ Mottaimani ... Petitioners / Accused Nos.1 to 3 Vs.
1. The Inspector of Police, D1, Thallakulam Police Station, Madurai City, Madurai District.
(Crime No.1202/2018) ... 1st Respondent / Complainant 2.Santhanakumar ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records to the F.I.R. in Crime No.1202 of 2018 on the file of the D1, Thallakulam Police Station and quash the same.
For Petitioners : Mr.R.Rajaraman For R1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R2 : Mr.A.V.Rajasekaran
ORDER
This Criminal Original Petition has been filed to quash the the F.I.R. in Crime No.1202 of 2018, on the file of the first respondent police.
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. In order to identify the respective parties, 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.
4.Under such circumstances, no useful purpose will be served in keeping the case pending. Even though, the offences involved are not compoundable in nature. In the light of the guidelines https://hcservices.ecourts.gov.in/hcservices/
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 F.I.R. in Crime No.1202 of 2018 on the file of the first respondent police.
5.In this case, the parties have appeared before this Court on 18.07.2018 and have also filed a compromise memo. This Court had also recorded the compromise memo and had quashed the proceedings by passing an order in the Open Court. However, by mistake that has not been reflected in the case bundle. Therefore, the matter was again posted today (25.10.2018) for hearing. The concerned Police Officer is also present before this Court today (25.10.2018) and he confirmed the fact that the matter has been compromised between the parties and they were all present before the Court on 18.07.2018.
6.In the result, this Criminal Original Petition stands allowed and as a sequel, the F.I.R. in Crime No.1202 of 2018 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. Each of the petitioners shall pay a sum of Rs.2,000/- as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), 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(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To
1. The Inspector of Police, D1, Thallakulam Police Station, Madurai City, Madurai District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The District Siddha Medical Officer, CCRI, Periyakulam.
+2cc to Mr.R.Rajaraman, Advocate Sr.No.92081 MYR VB/SV/SAR4/31.10.2018/2P/6C Crl.O.P.[MD].No.11867 of 2018 25.10.2018 https://hcservices.ecourts.gov.in/hcservices/