M/S. Vijayakumar Karmegam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.19590 of 2018 1.Vijayakumar Karmegam 2.Nagarajan Karmegam 3.Selvam Periyasasmy 4.Suresh Kathiresan 5.Geetha Nagarajan 6.Banumathi Sivakumar 7.Rajapandi Solamalai 8.Jegadeesh Jeganathan ... Petitioners / Accused Vs.

1. State represented by The Inspector of Police, Natham Police Station, Dindigul District.

(Crime No.408 of 2018) ... 1st Respondent / Complainant

2. N.Rajeswari ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to record the compromise reached between the petitioners / accused and the second respondent / defacto complainant and call for the records in Crime No.408 of 2018 on the file of the first respondent and quash the same as illegal.

For Petitioners : Mr.K.K.Samy For R1 : Mr.K.Suyambulinga Bharathi 1 Government Advocate [Crl. Side] For R2 : Mr.R.Ravindran

ORDER

This Criminal Original Petition has been filed to quash the case in Crime No.408 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.The learned counsel appearing for the second respondent would submit that the nephew of the defacto complainant and one Shobana, who is the daughter of the 6th petitioner are now living together at Dindigul. They are happily married and leading a peaceful life. 4.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, 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. 5.Under such circumstances, no useful purpose will be served in keeping the case 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 case in Crime No.408 of 2018 on the file of the first respondent. 6.This Criminal Original Petition stands allowed and as a sequel, the case in Crime No.408 of 2018 on the file of the first respondent, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.

500/- each 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 /True Copy/ Sub Assistant Registrar(CS-III) Encl.: Xerox copy of Compromise Memo To

1. The Inspector of Police, Natham Police Station, Dindigul District.

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

Copy To:-

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

2. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) (For Reporting Compliance) + 1 CC TO Mr.R.RAVINDRAN, ADVOCATE IN SR No. 93558 MYR TE/PM/SAR-3 : 20/11/2018 : 3P/7C Crl.O.P.[MD].No.19590 of 2018 31.10.2018