Rajendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16186 of 2018 1.Rajendran 2.Selvam @ Selvaraj 3.Maharajan 4.Murugan 5.Thirukumaran 6.Darmar 7.Balamurugan 8.Stalin 9.Kutti @ Sakthivel Kumar 10.Thatchinamoorthi 11.Srikumar @ Buvanakumar 12.Nattandurai 13.Suresh @ Sureshkumar 14.Ravi @ Ravikumar 15.Jeyaprakash 16.Paintamilkumaran 17.Vellavan @ Velan 18.Angappan 19.Ganeshprabhu 20.Palanisamy : Petitioners/Accused No.1 to 20 Vs.

1. The State Represented its Inspector of Police, Thadikombu Police Station, Dindigul District.

(Crime No.236/2008) : 1st Respondent/Complainant 2.Kasthuri : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records connected with the case in P.R.C.No.11 of 2010 before the learned Judicial Magistrate No.II, Dindugal and quash the same as illegal.

For Petitioners : Mr.R.Alagumani For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R-2 : Mr.L.M.Vijai Boominathan

ORDER

The present Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.11 of 2010 before the learned Judicial Magistrate No.II, Dindugal, for an alleged offences under Sections 147, 341, 366, 354, 506(i), 366 r/w 109 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 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.R.Jayasekar, Special Sub-Inspector of Police. 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 P.R.C.No.11 of 2010.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.11 of 2010, on the file of the learned Judicial Magistrate No.II, Dindugal 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.200/- 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-IV) Encl.:Xerox Copy of Joint Compromise Memo

To

1. The Judicial Magistrate No.II, Dindigul.

2. The Inspector of Police, Thadikombu Police Station, Dindigul District.

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

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

+1cc to Mr.R.Alagumani, Advocate in SR. No.83626 ls MK/DS/SV/SAR 4/03.10.2018/3P/6C Crl.O.P.[MD].No.16186 of 2018 10.09.2018