Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.08.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.14069 of 2018 1.Prakash 2.Pugalenthi

...Petitioners/Accused Nos.1 & 2

Accused No.3 (died) Vs.

1.State Represented by The Inspector of Police, B2 Keelavalavu Police Station, Madurai District.

(Crime No.418 of 2014) ... 1st Respondent/Complainant 2.Mandayammal ...2nd Respondent /De-facto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining to the Crime No.418 of 2014 on the file of the first respondent and quash the same as illegal.

For Petitioners :Mr.S.Ayyanar Premkumar For R1 :Mr.M.Chandrasekaran Additional Public Prosecutor For R2 : Mr.A.Joseph Jerry

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.418 of 2014, for an alleged offences under Sections 366 and 109 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 has 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 and they were identified by Mr.M.Rajendran, SSI of Police. 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.418 of 2014 on the file of the first respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.418 of 2014 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. Each of the petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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 (CS-IV) Encl:Xerox Copy of Joint Compromise Memo.

To

1. The Inspector of Police, B2 Keelavalavu Police Station, Madurai District.

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

Copy to:

The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.S.Ayyanar Premkumar, ADVOCATE IN SR No. 78906 Crl.O.P.(MD).No.14069 of 2018 13.08.2018 rmk KK/SKN/20.08.2018/SAR-4/2P-5C https://hcservices.ecourts.gov.in/hcservices/