(*) V.Mugesh Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16306 of 2018 V.Mugesh Kannan : Petitioner / Sole Accused S/o.Vallimurugan Vs.

1.State represented by Inspector of Police, Kulathur Police Station, Tuticorin District.

: 1st Respondent / Complainant (Crime No.99 of 2018) 2.Ponmani : 2nd Respondent / De facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in FIR in Crime No.99 of 2018 on the file of the first respondent Police and quash the same. For Petitioner : Mr.P.Banu Prasath For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.K.Seemaraj

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.99 of 2018 for the offences under Sections 279 and 337 I.P.C on the file of the first respondent.

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.T.Vallinayagam, S.S.I 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 https://hcservices.ecourts.gov.in/hcservices/

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 proceedings in Crime No.99 of 2018 on the file of the first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.99 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. The petitioner shall pay a sum of Rs.500/- as cost, (Rupees Five Hundred only) to the "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 (Writs) // True Copy // Sub Assistant Registrar(CS-II) ENCL: JOINT COMPROMISE MEMO To 1.The Inspector of Police, Kulathur Police Station, Tuticorin District.

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

1. The District Siddha Medical Officer, CCRI, Periyakulam.

2. The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC To MR.P.BANU PRASATH, Advocate SR. NO. 84595/18 Crl.O.P.[MD].No.16306 of 2018 17.09.2018 TSG TR/SKN/SAR-II(08.10.2018)2P 6C https://hcservices.ecourts.gov.in/hcservices/