Sudan Loyed Dhas v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD] No.15996 of 2018 1.Sudan Loyed Dhas 2.K.Madhusuthan : Petitioners vs.

1. The State represented by The Inspector of Police, Vadaseri Police Station, Nagercoil, Kanyakumari District.

Crime No.668 of 2015 2.Nagarajan : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the charge sheet in P.R.C.No.11 of 2018 on the file of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District and quash the same. For Petitioners : Mr.M.Maharaja For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R-2 : Mr.R.Rajesh

ORDER

The Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.11 of 2018 on the file of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District. 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 copy of the Aadhaar Card and the same is 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.668 of 2015.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings P.R.C.No.11 of 2018 on the file of the learned Judicial Magistrate No.II, Nagercoil, Kanyakumari District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand 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.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-I) Encl.:Xerox copy of Joint Compromise Memo To

1. The Judicial Magistrate No.II, Nagercoil, Kanyakumari District.

2. The Inspector of Police, Vadaseri Police Station, Nagercoil, Kanyakumari District.

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

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

+1cc to Mr.M.Maharaja, Advocate in SR. No.82966 mm MK/TE/SKN/SAR 1/03.10.2018/2P/6C Crl.O.P.[MD] No.15996 of 2018

05.09.2018