Rajagopal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].Nos.19226 and 19227 of 2018 in Crl.O.P.(MD) No.19226 of 2018 1.Rajagopal 2.Alexpandiyan 3.Vijayakanth 4.Dhanalakshmi : Petitioners/Accused 1 to 4 Vs.
1. State represented by The Inspector of Police, Guzilamparai Police Station, Dindigul District.
(In Crime No.201 of 2018) : Ist Respondent/Complainant 2.Sivaraj : 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 case in Crime No.201 of 2018 on the file of the first respondent, quash the same. For Petitioners : Mr.P.Edin Brough For R1 : Mr.R.Anandharaj Additional Public Prosecutor For R2 : Mr.G.Ganesh Kumar in Crl.O.P.(MD) No.19227 of 2018 1.Rathinam 2.Murugesan 3.Tamilselvan 4.Ayyappan : Petitioners Vs.
1.State represented by The Inspector of Police, Guzilamparai Police Station, Dindigul District.
(In Crime No.202 of 2018) 2.Alexpandiyan : Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in Crime No.202 of 2018 on the file of the first respondent, quash the same. For Petitioners : Mr.G.Ganesh Kumar For R1 : Mr.R.Anandharaj Additional Public Prosecutor For R2 : Mr.P.Edin Brough COMMON ORDER These Criminal Original Petitions have been filed to quash the proceedings in Crime Nos.201 and 202 of 2018 on the file of the first respondent police, for an alleged offences under Sections 294 (b), 324, 427 and 506(ii) of IPC.
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.The memo of compromise have been filed before this Court, which have been signed in both the petitions 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.V.R.Pazhanisamy, SSI 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 Crime Nos.201 and 202 of 2018.
5.These Criminal Original Petitions stand allowed and as a sequel, the proceedings in Crime Nos.201 and 202 of 2018 on the file of the respondent police, are quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred 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.
6.The respondent police is directed to release the vehicle (TATA ACE) bearing Reg.No.TN47-Q-1984 belonging to Rajagopal, the father of the defacto complainant in Crl.O.P.(MD) No.19227 of 2018, forthwith.
Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-I) Encl: Two Joint compromise memo (Crl Op(md).19226/18+19227/18) To
1. The Inspector of Police, Guzilamparai Police Station, Dindigul District.
2. The Section Officer, Accounts Section, Madurai Bench of Madras High Court,Madurai.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2 cc to Mr.P.Edin Brough,Advocate,Sr.Nos.92751 and 92750. mm SS/SKN/SAR 1/05.12.2018/3P/6C Crl.O.P.[MD].Nos.19226 and 19227 of 2018 26.10.2018