Velsamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD]No.12965 of 2018 1.Velsamy 2.Marimuth 3.Mavarasan 4.Surya : Petitioners/Accused Nos.1 to 4 Vs.

1.State represented through The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.

(In Crime No.193 of 2018) : 1st Respondent/Complainant 2.Ansar Ali : 2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records of First Information Report in Crime No.193 of 2018 on the file of the respondent No.1 and quash the same as illegal.

For Petitioners : Mr.M.Kaushikan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.S.M.A.Jinnah

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.193 of 2018 on the file of the first respondent Police, for an alleged offences under Sections 294(b), 352, 506(i) IPC.

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. The parties were also present before the Court and they were identified by Mr.A.Subramanian, SI of Police and they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also enquired both the https://hcservices.ecourts.gov.in/hcservices/

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 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 proceedings in Crime No.193 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.193 of 2018, 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. Each of the petitioners shall pay a sum of Rs.250/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Authority, Chennai), 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(Crl.Side) /True Copy/ Sub Assistant Registrar gns To 1.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.

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

3.Member Secretary, Tamil Nadu State Legal Services Authority, Madras High Court Campus, Chennai.

+1cc to Mr.S.M.A.Jinnah, Advocate SR No.79898 Crl.O.P.[MD]No.12965 of 2018 https://hcservices.ecourts.gov.in/hcservices/ NM/RSK/SAR 3/20.09.18/2P/5C