Mugesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17447 of 2018 1.Mugesh 2.Sivasankar 3.Manikandan 4.Ranjith Kumar 5.Thavamurugan 6.Nagamani 7.Balamurugan .. Petitioners vs.

1.The State represented by The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

2.Sankar .. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records relating to the FIR in Crime No.291 of 2016 on the file of the first respondent and to quash the same as far as petitioners are concerned. For Petitioner : Mr.C.Manthiramoorthy For R1 : Mrs.S.Bharathi Government Advocate For R2 : Mr.C.Manthiramoorthy

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.291 of 2016 on the file of the first respondent, for an alleged offences under Sections 147, 148, 294(b) and 506(2) IPC and Section 3 of TNPPDL Act.

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.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. In order to identify the respective parties they have also produced copies of their Aadhaar Cards, 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 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.291 of 2016.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.291 of 2016, on the file of the respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.250/- (Rupees Two Fifty 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.

Sd/- Assistant Registrar (Records) // True Copy // Sub Assistant Registrar(CS-III) Encl:Joint Compromise Memo To 1.The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

2. The Section Officer, Accounts Section, The Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai.

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

+ 1 CC TO MR.M.S.JEYAKARTHICK, ADVOCATE IN SR NO.88063 MM BU/SKN/SAR-III :09.11.2018 : 3P/5C Crl.O.P.[MD].No.17447 of 2018 01.10.2018