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Madras High CourtCRL OP(MD)/15291/2018allowed

Pudhuraja @ Ponramapandian v. The Sub Inspector Of Police

2018-08-29Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15291 of 2018 1.Pudhuraja @ Ponramapandian 2.Raja @ Mottaiyasamy @ Jagatheeshpandian, 3.Lakshmanan 4.Paulpandi 5.Raman : Petitioners/A1 to A5 Vs.

1. State rep.by The Sub Inspector of Police, Samayanallur Police Station, Madurai District.

:1st Respondent/Complainant [Crime No.95 of 2014].

2.Selvam : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the Crime No.95 of 2014 dated 2.4.2014 under Sections 147, 294(b), 323, 324 and 506(i) IPC on the file of the first respondent and quash the same as illegal. For Petitioners : Mr.M.Maran For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.R.Gokul

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.95 of 2014 on the file of the first respondent police for an alleged offences under Sections 147, 294 (b), 323, 324 and 506(i) 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 petitioners and the second respondent and also by their respective counsel. In order to identify the https://hcservices.ecourts.gov.in/hcservices/

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.

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.95 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.95 of 2014 on the file of the first respondent police is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.250/- each as costs, to the credit of the Siddha Medical Officer, CCRI, Periyakulam (payable in A/c No.10767823177, SBI, Periyakumam, 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 ( CS III ) TRUE COPY SUB ASSISTANT REGISTRAR ( CS II ) Enclosure: xerox copy of the Joint Compromise Memo CM To 1.The Sub Inspector of Police, Samayanallur Police Station, Madurai District.

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

COPY TO: THE OFFICER IN CHARGE, SIDDHA MEDICAL OFFICER, C.C.R.I. PERIYAKULAM. 1CC TO MR. M. MARAN, ADVOCATE SR 81162 NM RSK SAR 2 5 10 2018 - 2P 5C Crl.O.P.[MD].No.15291 of 2018 https://hcservices.ecourts.gov.in/hcservices/