Madras High CourtCRL OP(MD)/9475/2020allowed

M.Selvam v. The Sub Inspector Of Police

2020-09-08Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.[MD]No.9475 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.[MD]No.9475 of 2020 1.M.Selvam 2.M.Asaibrabhu 3.S.Sathees 4.B.Muthuraman ... Petitioners Vs.

1.The Sub Inspector of Police, Elumalai Police Station, Madurai District.

(Crime No.326 of 2019) 2.Manimaran ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the FIR in Crime No.326 of 2019 dated 22.11.2019 on the file of the first respondent police.

For Petitioners : Mr.V.Manikandan For R-1 : Mr.R.Erottuchamy Government Advocate (crl.side)

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.326 of 2019, for the offences punishable under Sections 294(b), 324, 506(ii) of I.P.C., dated 22.11.2019 on the file of the first respondent police. 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 have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in persons before this Court through video conferencing and they were identified by Mr.Murugan, Sub Inspector of Police, Elumalai Police Station, Madurai District. 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/ 1/2

Crl.O.P.[MD]No.9475 of 2020 4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending. Furthermore, the offences involved are not compoundable in nature. Hence, 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. 326 of 2019.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 326 of 2019, 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 (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS ) Encl: Xerox Copy of the Compromise Memo.

cp 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. To 1.The Sub Inspector of Police, Elumalai Police Station, Madurai Distirct.

Copy to:

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

+1 CC to M/s.V. MANIKANDAN, Advocate ( SR-16549[F] dated 10/09/2020 ) Crl.O.P.[MD]No.9475 of 2020 08.09.2020 NR (18.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2