Pakrudeen v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.14835 of 2018 and Crl.M.P(MD) No.6587 of 2018

1. Pakrudeen

2. Sulaiman

3. Parak Abdullah

4. Sahul @ Sahul Hameed

5. Sahul

6. Sirazdeen

7. Nagoor

8. Haneefa 9.Hanifa @ Syed Ibrahim 10.Sabee 11.Siddiq 12.Shajahan 13.Kani 14.Abubuckar 15.Rabeek Raja : Petitioners Vs.

1. The State rep.by, The Inspector of Police Keelavalavu Police Station Melur Taluk Madurai District (Crime No.143 of 2012)

2. Chinnasamy : Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating with the case in PRC No. 32 of 2013 in Crime No.143 of 2012 on the file of the Judicial Magistrate, Melur, Madurai District and quash the same as against these petitioners.

For Petitioners: Mr.S.Saravanakumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in PRC No. 32 of 2013 on the file of the Judicial Magistrate, Melur, Madurai District for an offences under Sections 147, 148, 294(b), 323, 506(i) of IPC and Section 4 of TNPHW Act r/w.3(i)(x) SC/ST Act.

2. The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Insofar as the second petitioner is concerned, it is stated that he is in abroad.

4. A Joint Memo of Compromise have 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 M.Rajendiran, 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.

5. 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 PRC No. 32 of 2013 .

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in PRC No. 32 of 2013 , on the file of theJudicial Magistrate, Melur, Madurai District , 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.1000/- (Rupees One Thousand only) as costs, to the credit of the "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. Consequently connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Inspector of Police Keelavalavu Police Station Melur Taluk Madurai District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Officer Inchrage, "Rojavanam", Home for aged and Poor, Uthangudi, Madurai.

+ 1 CC TO MR.S.SARAVANAKUMAR, ADVOCATE IN SR NO.85914 AAV BU/RP/SAR-III : 10.10.2018 : 3P/5C Crl.O.P.[MD].No.14835 of 2018 19.09.2018