Vijayakumar @ Vijayaperumal v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16852 of 2018 1.Vijayakumar @ Vijayaperumal 2.Kaliammal : Petitioners/Accused 1 and 2 Vs.

1. The State through The Sub Inspector of Police Kamuthi Police Station Ramanathapuram District Crime No.120 of 2014 :Respondent/Complainant 2.Panjavarnam : Respondent/ Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No.120 of 2014 on the file of the first respondent and quash the same as illegal and devoid of merits.

For Petitioners : Mr.K.R.Laxman For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.P.Manikandan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.120 of 2014 on the file of the first respondent, for an alleged offences under Sections 174 of Cr.P.C @ 306 of IPC r/w. Section 3, 4 of Tamil Nadu Prohibition Charging Exorbitant Interest Act.

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 the Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/

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 proceedings in Crime No.120 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.Crime No.120 of 2014 , on the file of the first respondent, 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.1500/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), 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 aav To 1.The Sub Inspector of Police Kamuthi Police Station Ramanathapuram District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

+1cc to Mr.G.Vishnuram, Advocate in SR No.85918 Crl.O.P.[MD].No.16852 of 2018 NM/RSK/SAR 2/24.09.18/2P/5C https://hcservices.ecourts.gov.in/hcservices/