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Madras High CourtCRL OP(MD)/14974/2018allowed

Rani v. The Inspector Of Police

2018-08-24Honourable Mr Justice N. Anand Venkatesh2 pages

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.14974 of 2018 1.Rani 2.Velu@Velusamy 3.V.Muthuselvam 4.V.Chithirai Selvam : Petitioners/ A1 to A4 Vs.

1.The State represented by The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District.

: 1st Respondent/Complainant 2.Arulraj : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the First Information Report in Crime No.623/2016 on the file of the first respondent herein and quash the same.

For Petitioners : Mr.P.Mahendran For R-1 : Mr.M.Chandra Sekaran Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.623 of 2016, on the file of the respondent police, for an alleged offences under Sections 294(b), 341, 324, 355 and 506(ii) of IPC.

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 second respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card 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. https://hcservices.ecourts.gov.in/hcservices/

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.623 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.623 of 2016, 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.500/- (Rupees Five Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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(crl side) /True Copy/ Sub Assistant Registrar(CS-I) Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai District. .

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

3.The Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.P.Mahendran, Advocate Sr.No.79995 LS VB/RSK/SAR1/20.09.2018/2P/5C Crl.O.P.[MD].No.14974 of 2018 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/