Thangaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15296 of 2018 and Crl.M.P.(MD)No.6757 of 2018 Thangaraj : Petitioner /Accused No.2 Vs.

1.State through the Inspector of Police, Thermal Nagar Police Station, Thoothukudi District.

(In Crime No.118/2017) : 1st Respondent/Complainant 2.Vinu : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in Crime No.118 of 2017 dated 05.10.2017 on the file of the Inspector of Police, Thermal Nagar Police Station, Thoothukudi District and quash the same as far as this petitioner is concerned. For Petitioner : Mr.B.N.Raja Mohamed For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R-2 : Mr.Vinu

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.118 of 2017, on the file of the respondent police, for an alleged offences under Sections 153-A, 504, 505 (2) and 506(i) of IPC.

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 have been signed by the petitioner and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card 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.

https://hcservices.ecourts.gov.in/hcservices/

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 First Information Report in Crime No.118 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.118 of 2017, on the file of the 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.750/- (Rupees Seven Hundred and Fifty only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) Ls To 1.The Inspector of Police, Thermal Nagar Police Station, Thoothukudi District.

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

3.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.Raja Mohamed, Advocate in SR No.83235 Crl.O.P.[MD].No.15296 of 2018 NM/SKN/SAR 4/27.09.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/