Arockiyasamy 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.17505 of 2018 1.Arockiyasamy 2.John Kennedy 3.Arockiyashagayaraj 4.Pakiyaraj 5.Rajasekarn 6.Mariya Joseph Nathan 7.Velankanni Jesuraj 8.Amalraj 9.Innasi 10.Rajarethinam 11.Eshak Prasithkumar 12.Justin Thiraviyaraj 13.Durai Sebastian 14.Johnmendonsha 15.Philanvendhiran 16.Thomas 17.Rethinasamy 18.Velankanni 19.Kiristobar Raj 20.Arockiyasamy ... Petitioners Vs.
1. The State Rep. by The Inspector of Police, Vaiyampatti Police Station, Manaparai Taluk, Trichy District.
(Crime No.141 of 2018)
2. The Deputy Superintendent of Police, Manapparai, Trichy District.
3. Murugan : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the entire records in Cr.No.141 of 2018 pending on the file 1st respondent and quash the same as illegal.
For Petitioners : Mr.P.Ganapathi Subramanian For R 1 and R2 : Mr.M.Chandra Sekaran Additional Public Prosecutor For R3 : Mr.C.Masilamani
O R D E R
The present Criminal Original Petition has been filed to quash the F.I.R, in Crime No.141 of 2018, on the file of the first respondent police.
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 third respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card 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 Cr.No.141 of 2018.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.141 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. Each of the petitioners shall pay a sum of Rs.250/- (Rupees Two Hundred and Fifty only) as costs, to the credit of Rojavanam Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, 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(CO) /True Copy/ Sub Assistant Registrar(CS-III)
Encl: The Xerox copy of Joint Compromise Memo dated 24.09.2018 To
1. The Inspector of Police, Vaiyampatti Police Station, Manaparai Taluk, Trichy District.
2. The Deputy Superintendent of Police, Manapparai, Trichy District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
copy to:
The Rojavanam Home for aged and poor, Melur Road, Uthangudi-Ulaganeri, Madurai.
+1cc to Mr.P.Ganapathi Subramanian, Advocate in SR.No. 88383 Das DS/RP/SAR3/27.10.2018/3P/6C Crl.O.P.[MD].No.17505 of 2018 01.10.2018