Dinesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16080 of 2018 1.Dinesh

2. Minor Harish Minor is represented through his father and Guardian Mariyadass 3.Robin

4. Minor Vinith Minor is represented through his father and Guardian Sekar 5.Tamilarasan 6.Thangapandi : Petitioners/ Accused No.1 to 6 Vs.

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

(Crime No.114 of 2018) : 1st Respondent/Complainant 2.Minor Mayandi Minor is represented through his father and Guardian Venkatesh : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the First Information Report in Crime No.114 of 2018 on the file of the first respondent and quash the same.

For Petitioners : Mr.K.Jegan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R-2 : Mr.M.Kaushikan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.114 of 2018, on the file of the first respondent police, for an alleged offences under Sections 147, 294 (b), 323 and 506(ii) 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. https://hcservices.ecourts.gov.in/hcservices/

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 petitioners and the second respondent were also present in person before this Court and they were identified by Mr.Ananda Muthuraman, S.S.I., Seithunganallur Police Station, Thoothukudi District. 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.114 of 2018.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.114 of 2018, on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-IV) Encl: Xerox copy of Joint Compromise Memo To 1 The Inspector of Police, Seithunganallur Police Station, Thoothukudi District.

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

+1cc to Mr.K.Jegan, Advocate Sr.No.83490 ls VB/PM/SAR4/26.10.2018/2P/4C Crl.O.P.[MD].No. 16080 of 2018 07.09.2018 https://hcservices.ecourts.gov.in/hcservices/