Murugavel v. The Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.18543 of 2018 Murugavel : Petitioner Vs.
1.The State represented by its, The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.
2.The Sub Inspector of Police, Emaneswaram Police Station, Ramanthapuram District.
(Crime No.96/2014) 3.Muthu Prabhu : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records in relating to the impugned FIR in Crime No.97 of 2014 on the file of the second respondent and to quash the same.
For Petitioner : Mr.M.Karunanithi For R-1 & R-2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R-3 : Mr.M.S.Jeyakarthik
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.97 of 2014, on the file of the second respondent, for an alleged offences under Sections 324 and 506(ii) of 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 third respondent and also by their respective counsel. The petitioner and the third respondent were also present in person before this Court and they were identified by Mr.R.Muthusamy, Special Sub Inspector of Police and they have also produced the copies of the Aadhaar Card 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 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 proceedings in Crime No.97 of 2014.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.97 of 2014, on the file of the second respondent, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.250/- as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), 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(Records) /True Copy/ Sub Assistant Registrar(CS-III) rmi Enclose : Xerox copy of Joint Compromise Memo To 1.The Deputy Superintendent of Police, Paramakudi, Ramanathapuram District.
2.The Sub Inspector of Police, Emaneswaram Police Station, Ramanthapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The Section Officer, Criminal Section,(2 copies) Madurai Bench of Madras High Court, Madurai.
Copy to The District Siddha Medical Officer, C.C.R.I, Periyakulam.
+1cc to Mr.M.S.Jeyakarthik, Advocate in SR No.90637 Crl.O.P.[MD].No.18543 of 2018 NM/SV/SAR III/26.11.18/3P/8C.