S. Rajenthiran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.20308 of 2018 1.S.Rajenthiran 2.Karpootha Pandian : Petitioners/Accused Nos.1 & 2 Vs.

1. State represented by The Inspector of Police, Ayyapuram Police Station, Tirunelveli District.

Crime No.103 of 2018 : 1st Respondent/Complainant

2. V.Angaiyarkanni : 2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in FIR in Crime No. 103 of 2018 on the file of the first respondent and quash the same. For Petitioners : Mr.K.Muthu Malai For R-1 : Mr.A.Robinson Government Advocate (Crl.Side) For R-2 : D.Farjana Ghoushia

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No. 103 of 2018 on the file of the first respondent. 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 has 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 copies of their Aadhaar Cards, 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 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.103 of 2018.

5.This Criminal Original Petition stands allowed and as a sequel, the F.I.R. in Crime No.103 of 2018, on the file of the first respondent, 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.2,500/- (Totally Rs.5,000/-) as costs, to the credit of Legal Services Authority, 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 a memo reporting compliance in the Registry. Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar(CS-III) Encl.: Xerox copy of Compromise Memo To

1. The Inspector of Police, Ayyapuram Police Station, Tirunelveli District.

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

3. The Officer-in-charge, Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

Copy To:- The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) +1 CC TO Mr.K.MUTHU MALAI, ADVOCATE IN SR No.95469 LS TE/SV/SAR-III : 20/12/2018: 2P/7C Crl.O.P.[MD].No.20308 of 2018 14.11.2018 https://hcservices.ecourts.gov.in/hcservices/