Avudaiyappan@Visu v. The Deputy Superintendent Of
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.15085 of 2018 1.Avudaiyappan@visu 2.Banumathi 3.Akkini Mari@Akkini 4.Kuthalam @ Santha 5.Seetha@Geetha 6.R.Petchiammal 7.Mariammal 8.Alagammal 9.P.Petchiammal 10.Arulmozhi@Arunmozhi
11. Esakkiammal 12.Mariammal 13.Subbammal 14.Ramalakshmi 15.Petchiappan 16.Gomuraj@Gomu 17.Arunasalathammal 18.Chelladhurai 19.Mariyappan 20.Kavaiah :Petitioners/Accused No.1 to 5 Vs.
1.The Deputy Superintendent of Police, Puliyandkudi D.S.P.Office Puliyankudi, Tirunelveli District.
2.The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.
(Crime No.163/2018) :Respondent No.1&2/Complainant 3.Chinnamariappan :Respondent No.3/Defacto Complainant
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the First Information Report in Crime No.163 of 2018 pending on the file of the second respondent police station. For Petitioners : Mr.R.Karunanidhi For R-1 and R-2 : Mr.M.Chandra Sekaran Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.163 of 2018, on the file of the respondent police, for an alleged offences under Sections 147, 188, 341, 294 (b) of IPC read with Section 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
2. The case is still at 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 third respondent and also by their respective counsel. The petitioners and the third respondent were also present in person before this Court and they were identified by Mr.P.Mariappan, SSI of Police. 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 First Information Report in Crime No.163 of 2018.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.163 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.150/- (Rupees One Hundred and Fifty 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 (RECORDS) // True Copy // Sub Assistant Registrar(CS-II) Encl: Memo of Compromise.
To 1.The Deputy Superintendent of Police, Puliyandkudi D.S.P.Office Puliyankudi, Tirunelveli District.
2.The Inspector of Police, Kadayanallur Police Station, Tirunelveli District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
1. The Additional Registrar General (I/C, Registrar Judicial, Madurai Bench of Madras High Court, Madurai.
+ 1 CC TO MR.R.KARUNANIDHI, ADVOCATE IN SR NO.80488 LS BU/SKN/SAR-II : 28.09.2018 : 3P/6C Crl.O.P.[MD].No.15085 of 2018 24.08.2018