Madras High CourtCRL OP(MD)/20257/2018allowed

Jeeva v. The Inspector Of Police

2018-11-29Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2018

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.20257 of 2018 1.Jeeva 2.Muthuraja 3.A.Karmegam 4.C.Muthupandi .. Petitioners/Accused vs.

1. The State through The Inspector of Police, Narikudi Police Station, Virudhunagar District.

.. 1st Respondent/De-jure Complainant

2. Subramaniyan .. 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records connected with the F.I.R. in Crime No.129 of 2017 on the file of the Respondent No.1 and quash the same as illegal as against the petitioners.

For Petitioners : Mr.R.Alagumani For R1 : Mr.A.Robinson Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.129 of 2017, on the file of theInspector of Police, Narikudi Police Station, Virudhunagar District for the alleged offence under Sections 294(b) and 506(2) of IPC. 2.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 has 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 the Inspector of Police, Narikudi Police Station. 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 Crime No.129 of 2017 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.129 of 2017. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.129 of 2017, on the file of the Inspector of Police, Narikudi Police Station, Virudhunagar District is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.

1,000/- (Rupees One Thousand only) as costs, by way of a crossed Cheque or by means of Demand Draft in favour of the "Chief Minister's Pubic Relief Fund" and hand it over to the Registrar (Judicial) of the Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt along with the memo for reporting compliance in the Registry.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-IV) Encl.: Xerox copy of Compromise Memo To

1. The Inspector of Police, Narikudi Police Station, Virudhunagar District.

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

3. The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

TM TE/BK/SAR-4 : 24/12/2018 : 2P/4C Crl.O.P.[MD].No.20257 of 2018 29.11.2018 https://hcservices.ecourts.gov.in/hcservices/