T.Anandakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.22209 of 2018 and Crl.M.P.(MD)No.10352 of 2018 T.Anandakumar : Petitioner/Petitioner/Accused No.1 Vs.
1.The State rep by Inspector of Police, Sattur Town Police Station, Sattur, Virudhunagar District.
2.Azhagarsamy : Respondents /Respondents/Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of Cr.No.659 of 2018 pending on the file of the Inspector of Police, Sattur Town Police Station, Sattur, Virudhunagar District and to quash the same as against the petitioner.
For Petitioner : Mr.G.Kalyan Jhabakh For R-1 : Mr.V.Neelakandan Additional Public Prosecutor For R-2 : Mr.C.M.Arumugam
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.659 of 2018, on the file of the first respondent police, for an alleged offences under Sections 418, 419, 420 and 109 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 petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by K.Srinivasan, Special Sub-Inspector of Police, Sathur Taluk Police Station, Sathur. 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 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 https://hcservices.ecourts.gov.in/hcservices/
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.659 of 2018.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.659 of 2018, 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. The petitioner shall pay a sum of Rs.1,000/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), 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. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise Memo To 1.The Inspector of Police, Sattur Town Police Station, Sattur, Virudhunagar District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.SURANA & SURANA, Advocate ( SR-51002[F] dated 01/03/2019 ) +1 CC to M/s.C.M.ARUMUGAM, Advocate ( SR-51185[F] dated 01/03/2019 ) ta Crl.O.P.[MD]No.22209 of 2018 01.03.2018 KM/(22.03.2019) 3P 6C https://hcservices.ecourts.gov.in/hcservices/