Sasikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.14332 of 2018 1.Sasikumar (Represented by his father / Natural guardian) 2.Deva 3.Naveen @ Naveenkumar (Represented by his father / Natural guardian) 4.Santhosh @ Radhakrishnan (Represented by his brother namely Gowtham for Natural guardian) : Petitioners / Accused Nos.1 to 4 Vs.

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

(Crime No.328 of 2018) : 1st Respondent / Complainant 2.Kaleeswaran : 2nd Respondent / De facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in connection with the Crime No.328 of 2018, on the file of the first respondent and quash the same. For Petitioners: Mr.S.M.Sanjay For R1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R2 : Mr.G.Thiruvarutselvan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.328 of 2018, 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 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.Thangarajan, SSI of Police, and they have also produced the copies of the Aadhaar Card https://hcservices.ecourts.gov.in/hcservices/

which are 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.

4. Under such circumstances, no useful purpose will be served in keeping Crime No.328 of 2018 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.328 of 2018, on the file of the first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.328 of 2018 on the file of the first respondent is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.250/- each, as cost, to the credit of the Rojavanam, Home for aged and poor (payable in Account No.6481560540, Indian Bank, High Court, Madurai Branch), 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(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) ENCL:- XEROX COPY OF COMPROMISE MEMO.

To 1.The Inspector of Police, Sivagangai Town Police Station, Sivagangai District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Manager(Incharge) Rojavanam, Home for aged and poor, Near Meenakshi Bhavan Hotel, Uthangudi, Madurai-625 023.

+1CC TO MR.S.M.SANJAY, ADVOCATE IN S.R.NO.84536. TSG DS SKN SAR-1 04.10.2018 2P/5C Crl.O.P.[MD].No.14332 of 2018 17.09.2018 https://hcservices.ecourts.gov.in/hcservices/