Sharma v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16615 of 2018 1.Sharma 2.R.Muniasamy 3.Raja @ Rajeev Gandhi : Petitioners/Accused Nos.1,3 & 4 Vs.

1.The State represented by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

[Crime No.233 of 2012].

: Respondent/Complainant 2.M.Sathyaraj : Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to quash the FIR in Crime No.233 of 2012 on the file of the 1st respondent Police as against these petitioners. For Petitioners : Mr.M.Boominathan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.S.Prabhu

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.233 of 2012, on the file of the first respondent police, for an alleged offences under Sections 294(b), 323, 324 and 506(ii) 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 parties were also present before the Court and they were identified by Mr.Devendran, Special Sub Inspector 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 https://hcservices.ecourts.gov.in/hcservices/

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.233 of 2012.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.233 of 2012, on the file of the first respondent police, 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.500/- [Rupees Five Hundred only] as costs, to the credit of the "Rojavanam Aged Home, Madurai" (payable in Account No.6481560540 at Indian Bank, High Court Branch, Madurai), 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-III) // True Copy // Sub Assistant Registrar(CS-IV) ENCL:JOINT MEMO OF COMPROMISE To 1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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

COPY TO

1. THE OFFICER INCHARGE, ROJAVANAM FOR AGED HOME, UTHANGUDI POST, ULAGANERI, MADURAI.

+1 CC To MR.M.BOOMINATHAN, Advocate SR. NO. 85483 Crl.O.P.[MD].No.16615 of 2018 DSK TR/RP/SAR-IV(05.10.2018)2P 5C https://hcservices.ecourts.gov.in/hcservices/