Paulraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15500 of 2018 1.Paulraj 2.Jebarani 3.Immanuvel 4.Isravel : Petitioner/Accused No.1 to 4 Vs.

1. The State represented by The Inspector of Police, Sawyerpuram Police Station, Thoothukudi, Thoothukudi District.

(Crime No.90/2012) : 1st Respondent/Complainant 2.Peter : 2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the F.I.R in Crime No.90 of 2012 on the file of the Inspector of Police, Sawyerpuram Police Station, Thoothukudi District, pursuant to the compromise arrived at by the parties. For Petitioner : Mr.A.Thiruvadi Kumar For R-1 : M/s.S.Bharathi Government Advocate [Criminal Side]

ORDER

The Criminal Original Petition has been filed to quash the F.I.R in Crime No.90 of 2012 on the file of the Inspector of Police, Sawyerpuram Police Station, Thoothukudi District, pursuant to the compromise arrived at by the parties.

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 respective parties they have also produced the copy of the Aadhaar Card which is made part of the record. The fourth petitioner in this case is said to be working in Military and is https://hcservices.ecourts.gov.in/hcservices/

presently posted at Nazic. Therefore, he is not able to present before this Court. However, sufficient documents have been filed before this Court to prove his identity. 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.90 of 2012.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.90 of 2012, on the file of the Inspector of Police, Sawyerpuram Police Station, Thoothukudi District, 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.500/- 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. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police, Sawyerpuram Police Station, Thoothukudi, Thoothukudi District.

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

+1cc to Mr.A.Thiruvadi Kumar, Advocate Sr.No.81234 TM VB/RP/SAR1/04.09.2018/2P/4C Crl.O.P.[MD].No.15500 of 2018 30.08.2018 https://hcservices.ecourts.gov.in/hcservices/