Jothi Boss v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.22578 of 2019 Jothi Boss : Petitioner Vs.
1.The Inspector of Police, Checkanurani Police Station, Madurai.
(Crime No.471 of 2016) 2.Vijayarani : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in connection with the Crime No.471 of 2016 on the file of the first respondent police and quash the same.
For Petitioner : Mr.G.Thiruvarutselvan For R-1 : Mr.A.P.G.Ohm Chairma Prabhu Government Advocate (Crl.Side) For R-2 : Mr.B.Veerapandi
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.471 of 2016, on the file of the first respondent police, for an alleged offences under Sections 408 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 K.Chinnan, Special Sub-Inspector of Police, Chekanurani Police Station, Madurai District. 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 the guidelines given by the Hon'ble Supreme Court reported in 2017 https://hcservices.ecourts.gov.in/hcservices/
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.471 of 2016.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.471 of 2016, 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.1,000/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), 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) Encl:Xerox copy of Joint Compromise Memo To 1.The Inspector of Police, Checkanurani Police Station, Madurai.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to 1.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.
2.The Section Officer,(2 copies) Criminal Section, Madurai Bench of Madras High Court, Madurai.
ta Crl.O.P.[MD]No.22578 of 2018 28.02.2019 KM/(26.03.2019) 3P 6C https://hcservices.ecourts.gov.in/hcservices/