Elavarasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.20839 of 2018 1.Elavarasan 2.Jeeva : Petitioners/Accused No.1 & 2 Vs.

1. The State Rep. by The Inspector of Police, All Women Police Station, Musiri, Trichy District.

Crime No.6 of 2018 : 1st Respondent/Complainant 2.Priyanka : 2nd Respondent/De-facto 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.6 of 2018, dated 03.09.2018, on the file of the first respondent police and quash the same as illegal and devoid of merits.

For Petitioners : Mr.A.Uthayakumar For R-1 : Mr.A.Robinson Government Advocate (Crl.Side) For R-2 : Mr.C.Sureshkannan

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.6 of 2018, on the file of the first respondent police.

2.The case is still at the stage of trial. 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 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.6 of 2018.

5.This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.6 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/- (Rupees Two Thousand Five Hundred Only) as costs, by way of a crossed Cheque or by means of Demand Draft in favour of the "Chief Minister's Public 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 a memo for reporting compliance in the Registry.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) Encl.:Xerox Copy of Joint Compromise Memo.

To

1. The Inspector of Police, All Women Police Station, Musiri, Trichy District.

Copy to

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

3. The Section Officer, Criminal Section,(2 Copies) Madurai Bench of Madras High Court, Madurai.(For Reporting Compliance) +1 cc To Mr.A.Uthayakumar, ADVOCATE IN SR NO.97310 sji MK/KK/SV/SAR 3/31.12.2018/2P/6C Crl.O.P.[MD].No.20839 of 2018 26.11.2018 https://hcservices.ecourts.gov.in/hcservices/