Shanmugam v. The Sub 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].Nos.19675 and 19677 of 2018 1.Shanmugam 2.Pichai Mani 3.Mani 4.Mahalingam 5.Jeganathan 6.Ganesh Kumar 7.Muthukumar 8.Gopalakrishnamani 9.Karmegam 10.Sathish Kumar
...Petitioners in Crl.O.P.(MD)No.19675 of 2018
1.Muthuvel S/o.Mestiri 2.Muthuvel 3.Velu 4.Selvam 5.Muthu Kamu 6.Chelladurai 7.Ashok 8.Prakash ... Petitioners in Crl.O.P.(MD)No.19677 of 2018 Vs.
1.The Sub Inspector of Police, Jeyamangalam Police Station, Periyakulam, Theni.
... 1st Respondent / Complainant in both Crl.O.Ps.
2.Muthulakshmi ... 2nd Respondent / Defacto Complainant in Crl.O.P.(MD)No.19675 of 2018 2.Shanmugam ... 2nd Respondent / Defacto Complainant in Crl.O.P.(MD)No.19677 of 2018 COMMON PRAYER : Criminal Original Petitions are filed under Section 482 of Cr.P.C. to call for the records relating to the impugned FIR dated 11.10.2018 in Crime Nos.183 and 184 of 2018 on the file of the first respondent and quash the same. Crl.O.P.(MD)No.19675 of 2018 For Petitioners : Mr.K.Appadurai For R1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R2 : Mr.M.Natarajan
Crl.O.P.(MD)No.19675 of 2018 For Petitioners : Mr.M.Natarajan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl. Side] For R2 : Mr.K.Appadurai COMMON ORDER These Criminal Original Petitions have been filed to quash the impugned FIR dated 11.10.2018 in Crime Nos.183 and 184 of 2018 on the file of the first respondent.
2.The cases are 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, 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 the cases 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 impugned FIR dated 11.10.2018 in Crime Nos.183 and 184 of 2018 on the file of the first respondent.
5.These Criminal Original Petitions stand allowed and as a sequel, the impugned FIR dated 11.10.2018 in Crime Nos.183 and 184 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. All the petitioners together shall pay a sum of Rs.1,500/- as costs, to the credit of "Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai", 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-IV) ENCL.: XEROX COPY OF 2 COMPROMISE MEMO DATED: 29.10.2018
To 1.The Sub Inspector of Police, Jeyamangalam Police Station, Periyakulam, Theni.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO
1. THE OFFICER INCHARGE, ROJAVANAM, HOME FOR AGED AND POOR, ULAGANERI, MADURAI.
2. The Registrar Judicial, Madurai Bench of Madras High Court, Madurai.
+10 CC To MR.K.APPADURAI, Advocate SR. NO. 93651 & 93652 Crl.O.P.[MD].Nos.19675 and 19677 of 2018 myr TR/PM/SAR-IV(19.11.2018)3P 15C