Suresh v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15076 of 2018 1.Suresh 2.Vellaiyammal 3.Parvathi 4.Jegan 5.Veerapathiram 6.Perumal : Petitioners/Accused 1 to 6 Vs.

1.The Deputy Superintendent of Police, Bodinaickanur, Theni District.

2.State rep.by, The Inspector of Police, Chinnamanur Police Station, Theni District.

(Crime No.290 of 2018) ...1st Respondent/Complainant 3.Santhanaraja ...2nd Respondent/Defacto Complainant 4.Pitchaimani 5.Velmurugan 6.Muthumari 7.Muthukannan 8.Chinnapandi 9.Eswari ....4 to 9 Respondents/Injured PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No.290 of 2018 on the file of the second respondent and quash the same.

For Petitioners : Mr.S.Muniyandi For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R3 to R9 : Mr.M.Muthukumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.290 of 2018 on the file of the second respondent, for an alleged offences under Sections 147, 323, 506(i) IPC r/w 3(1)(r), 3(1) (s), 3(2) (va) of SC/ST Amendment Act.

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 respondent Nos.3 to 9 and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.Kumaresan, SSI of Police and 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 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 proceedings in Crime No.290 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.290 of 2018, on the file of the second respondent, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.250/- as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, 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 (T&P) /True Copy/ Sub Assistant Registrar (CS-II) To 1.The Deputy Superintendent of Police, Bodinaickanur, Theni District.

2.The Inspector of Police, Chinnamanur Police Station, Theni District.

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

Copy to:

1.The Officer -In-Charge, District Siddha Medical Officer, CCR1, Periyakulam, 2.The Section Officer, Criminal Section, Madurai Bench Of Madras High Court, Madurai.(2 Copies) +1CC to Mr.S.Muniyandi Advocate in Sr.No.80415. GNS DS SKN SAR-2 ;30.08.2018; 3P/8C Crl.O.P.[MD].No.15076 of 2018 27.08.2018