S.M.P. Amalan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.14848 of 2018 1.S.M.P.Amalan : Petitioner/Accused No.1 Vs.

1. The State Represented by The Inspector of Police, Melur Police Station, Madurai.

(Crime No.280 of 2014) : Respondent/Complainant 2.Pandidurai : Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records for the First Information Report in Crime No.280 of 2014 dated 25.04.2014 on the file of the first respondent Police and quash the same as illegal and as against the petitioner and devoid of merits.

For Petitioner : Mr.B.Viswanathan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R-2 : Mr.M.Jegadeesh Pandian

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.280 of 2014, on the file of the first respondent police, for an alleged offences under Sections 147, 294(b), 341 and 323 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.

3. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.Ramu, 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 https://hcservices.ecourts.gov.in/hcservices/

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.280 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.280 of 2014, on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- 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 (CO) /True Copy/ Sub Assistant Registrar(CS-III) Encl.:Xerox Copy of Compromise Memo dated 20/08/2018 To

1. The Inspector of Police, Melur Police Station, Madurai.

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

Copy to:

The Officer Incharge, Tamil Nadu State Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.M.Jegadeesh Pandian, Advocate SR.No.80084 Gns MK/RP/SAR 3/10.09.2018/2P/5C Crl.O.P.[MD].No.14848 of 2018 23.08.2018(2/2) https://hcservices.ecourts.gov.in/hcservices/