Muthupandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.14721 of 2018 1.Muthupandi 2.Chinnadurai 3.Kannadhasan 4.Babu @ Prabakaran 5.Arun 6.Vijaya Surya 7.Pandi 8.Ajithkumar @ Muniyandi 9.Kannan 10.Dhinakaran 11.Selvaraj 12.Vadamugam 13.Kalaivanan 14.Ayyanan 15.Mookkan :Petitioners / Accused No.1 to 15 Vs.
1.The Inspector of Police, Melavalavu Police Station, Madurai.
(Crime No.97 of 2013) : Respondent / Complainant 2.Barathithasan : Respondent / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and to quash the First Information Report in Crime No.97 of 2013 on the file of the respondent No.1 dated 01.09.2013.
For Petitioners : Mr.A.Abbas Mandhiri For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.D.Deepamathi
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.97 of 2013 on the file of the first respondent Police, for an alleged offences under Sections 147, 148, 323, 324, 307 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. https://hcservices.ecourts.gov.in/hcservices/
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. The parties were also present before the Court and they were identified by Mr.Gnanaguru, SSI of Police and they have 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.97 of 2013.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.97 of 2013, on the file of the first respondent Police, 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.200/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009,Member Secretary, Tamil Nadu State Legal Services Authority, Chennai), 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(CS-II) /True Copy/ Sub Assistant Registrar(CS-IV) Encl:- Xerox Copies of Joint Compromise Memo: To 1.The Inspector of Police, Melavalavu Police Station, Madurai.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
3.The Member Secretary, Tamil Nadu State Legal Services Authority, Madras High Court Campus, Chennai.
+1CC TO MR.R.VENKATESAN, ADVOCATE IN S.R.NO.79481. GNS DS RP SAR-4:24.09.2018: 2P/5C Crl.O.P.[MD].No.14721 of 2018 https://hcservices.ecourts.gov.in/hcservices/