Karthik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15933 of 2018 Karthik : Petitioner Vs.

1.The State represented by The Inspector of Police, Keeranur Police Station, Pudukottai District, [Crime No.164 of 2018].

2.Karuppaiah : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the FIR in Crime No.164 of 2018 dated 07.08.2018 registered on the file of the first respondent police under Sections 341, 294(b), 323 and 506(ii) of IPC and quash the same For Petitioner : Mr.M.Viji For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.PM.Vishnuvarthanan

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.164 of 2018, on the file of the first respondent police, for an alleged offences under Sections 341, 294(b), 323 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 second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.R.Albert, 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. 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.164 of 2018 insofar as A-3 is concerned

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.164 of 2018, on the file of the first respondent police, is quashed insofar as A-3 is concerned and the respondent police can proceed further against other accused persons and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- [Rupees Five Hundred only] as costs, to the credit of "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-IV) Encl: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police, Keeranur Police Station, Pudukottai 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.(2 Copies) Crl.O.P.[MD].No.15933 of 2018 18.09.2018 DSK ES/SKN/RSK/SAR 4/11.10.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/