Ramalakshmi v. The Assistant Commissioner Of Police

Crl.O.P.(MD)No.9631 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.9631 of 2020 1.Ramalakshmi 2.R.Ganesh Kumar .. Petitioners / Accused Nos.1 & 2 Vs.

1.The Assistant Commissioner of Police, O/o.Assistant Commission of Police, Thirupparankundram Range, Madurai District.

2.The Inspector of Police Avaniyapuram Police Station, Avaniyapuram, Madurai District.

(In Crime No.1795 of 2020) ..1st and 2nd Respondents/ Complainants 3.Pandi 4.R.Karpagam ..3rd & 4th Respondents / De facto complainants PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records in FIR in Crime No.1795 of 2020, on the file of the second respondent and quash the same. For Petitioners : Mr.A.Balaji For R-1 & R-2 : Mr.R.Erottuchamy Government Advocate (Criminal side) For R-3 & R-4 : Mr.S.Saravanakumar

O R D E R

This criminal original petition has been filed to call for the entire records in FIR in Crime No.1795 of 2020, on the file of the second respondent and quash the same.

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 has been signed by the petitioners, third and fourth respondents and also by their respective counsel. The petitioners and the third and fourth respondents were also present in person before this Court through video conferencing and they were identified by Mr.Sivaraj Pillai, Assistant Commissioner of Police, Thirupparankundram, Madurai District. This Court also enquired both the parties and was satisfied that the parties have come to an https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.9631 of 2020 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 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.1795 of 2020, pending on the file of the second respondent Police.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, FIR in crime No.1795 of 2020, on the file of the second respondent Police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (Crl Side) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg 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.

ENCL : Xerox copy of Joint Compromise Memo.

To 1.The Assistant Commissioner of Police, O/o.Assistant Commission of Police, Thirupparankundram Range, Madurai District.

2.The Inspector of Police Avaniyapuram Police Station, Avaniyapuram, Madurai District.

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

Crl.O.P.(MD)No.9631 of 2020 17.09.2020 SJ(CO) KK(30.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2