Santhanamari v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.09.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.15952 of 2018 1.Santhanamari 2.Makesh @ Makeshwari ... Petitioners/Accused Nos.1 & 2 Vs.
1. The Inspector of Police, Thachanallur Police Station, Tirunelveli District.
... 1st Respondent /Complainant
2. Muthu ... 2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with Crime No.165 of 2018 on the file of the first respondent and quash the same. For Petitioners : Mr.N.S.Ramakrishnadass For R - 1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) For R - 2 : Mr.K.Ramesh Durai Raj
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.165 of 2018, on the file of the first respondent, for an alleged offence under Section 379 of I.P.C.
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 petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.A.Muniyasamy, SSI 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.
4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are non-compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in https://hcservices.ecourts.gov.in/hcservices/
2017 (9) SCC 641 (Parbatbhai Aahir @ Parbatbhai and others Vs. State of Gujarat and another), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the proceedings in First Information Report in Crime No.165 of 2018.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.165 of 2018, on the file of the first respondent, 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/- (Rupees Two 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.
Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-II) ENCL: Xerox copy of joint compromise memo To
1. The Inspector of Police, Thachanallur Police Station, Tirunelveli District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madruai.
+1cc to Mr.N.S.Ramakrishnadass, Advocate Sr.No.82842 PS VB/RP/SAR2/28.09.2018/2P/5C Crl.O.P(MD)No.15952 of 2018 06.09.2018 https://hcservices.ecourts.gov.in/hcservices/