Madras High CourtCRL OP(MD)/10383/2020allowed

R.Kannan v. The Inspector Of Police

2020-09-28Honourable Mr Justice R. Pongiappan2 pages

Crl.O.P.(MD)No.10383 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.O.P.(MD)No.10383 of 2020 and Crl.M.P(MD) No.4673 of 2020 1.R.Kannan 2.M.Muthal @ Muthukumar 3.M.Rajamanickam ... Petitioners/Accused No.1 to 3 Vs.

1.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.

... 1st Respondent/Complainant (In Crime No.1182 of 2020) 2.M.Selvaraj ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the impugned First Information Report in Crime No.1182 of 2020 on the file of the first respondent and quash the same.

For Petitioners : Mr.B.Karuppasamy For R1 : Mr.R.Erottuchamy Government Advocate (Crl. side) For R2 : Mr.M.Chellapandian

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.1182 of 2020, for the offences punishable under Sections 294(b), 352, 386 and 506(ii) of I.PC. 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 person before this Court through video conferencing and they were identified by Mr.Yogaraj, Sub Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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Crl.O.P.(MD)No.10383 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.1182 of 2020.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1182 of 2020, 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. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) 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. ENCL: The Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.

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

+1 CC to M/s.C. GANGAIAMARAN, Advocate ( SR-18603[F] dated 30/09/2020 ) Crl.O.P.[MD]No.10383 of 2020 28.09.2020 SJ(CO) KB(07.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2