T.Sathish Kumar(Wrongly 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.12993 of 2018 T.Sathish Kumar
...Petitioner / Accused
Vs.
1.State represented by Sub Inspector of Police, Thirumangalam Town Police Station, Madurai District.
...Respondent / Complainant
2.Selvam
...Respondent /De-facto complainant
PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records relating to the FIR in Crime No.260 of 2017 on the file of 1st respondent and quash the same as illegal.
For Petitioner : Ms.Porkodi Karnan for Polax Legal Solutions For R1 : Mr.K.Suyambulinga Bharathi Government Advocate
ORDER
This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.260 of 2017, for an alleged offences under Sections 294(b), 323 and 506(i) IPC, on the file of the first respondent.
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 produce the copy of the Aadhaar Card is 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 First Information Report in Crime No.260 of 2017.
5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.128 of 2017, 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.1,000/- (Rupees One Thousand 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(RTI) /True Copy/ Sub Assistant Registrar(CS-III) Encl: Xerox copy of Joint Compromise Memo To 1.The Sub Inspector of Police, Thirumangalam Town Police Station, Madurai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy To:
The Member Secretary, Tamil Nadu State Legal Services Authority,Chennai. +1CC to M/s.Polax Legal Solutions, Advocate, SR.No.78924 Crl.O.P.(MD).No.12993 of 2018 16.08.2018 https://hcservices.ecourts.gov.in/hcservices/ TA ES/SKN/RSK/SAR 3/11.09.2018/2P/5C