P. Moorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15143 of 2018 1.P.Moorthy 2.Sankar : Petitioners Vs.

1.The State throughthe Inspector of Police, Thallakulam Police Station, Madurai City, Madurai.

(Crime No.1590/2018) : 1st Respondent/Complainant 2.Arun Bothyraja : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for records to the FIR in Crime No.1590 of 2018, dated 18.08.2018 on the file of the first respondent and quash the same.

For Petitioners : Mr.S.Shanmugavel For R-1 : Mr.M.Chandra Sekaran Additional Public Prosecutor For R-2 :Mr.I.Robert Chandrakumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.1590 of 2018, on the file of the respondent police, for an alleged offences under Sections 294(b), 447 and, 506 (i) of 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. In order to identify the respective parties they have also produced the copies of the Aadhaar Card 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.

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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.1590 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1590 of 2018, on the file of the respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, IFSC Code.SBIN 0000898, M.I.C.R. Code.625002601, State Bank of India, Periyakulam) 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(WRITS) /True Copy/ Sub Assistant Registrar(CS-III) ENCL: XEROX OF COPY JOINT COMPROMISE MEMO To 1.The Inspector of Police, Thallakulam Police Station, Madurai City, Madurai.

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

Copy to:

The District Siddha Medical Officer, CCRI, Periyakulam.

+1CC TO MR.S.SHANMUGAVEL, ADVOCATE IN SR.NO.80038. +1CC TO MR.I.ROBERT CHNDRAKUMAR, ADVOCATE IN SR.NO.80057. LSD DS SKN SAR-3 28.09.2018 2P/6C Crl.O.P.[MD].No.15143 of 2018 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/