Karunakaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17566 of 2018 Karunakaran : Petitioner/Sole Accused Vs.

1. The State rep.by, The Inspector of Police Kalaiyarkoil Police Station Sivagangai District (Crime No.355 of 2018) : 1st Respondent/Complainant

2. Sivakumar : 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records in relating to the FIR in Cr.No.355 of 2018 on the file of the first respondent and to quash the same.

For Petitioners: Mr.M.S.Jeyakarthik For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.S.S.Annadurai

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Cr.No.355 of 2018 on the file of the first respondent for an offences under Sections 294(b), 324 and 506(ii) of IPC.

2. The case is under 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 have been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The parties were also present before the Court 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 in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of https://hcservices.ecourts.gov.in/hcservices/

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 Cr.No.355 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.355 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. The petitioners shall pay a sum of Rs.750/- (Rupees Seven Hundred and Fifty only) as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), 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: Xerox copy of Joint Compromise Memo To

1. The Inspector of Police Kalaiyarkoil Police Station Sivagangai District

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

Copy to The District Siddha Medical Officer, CCRI, Periyakulam.

+1cc to Mr.M.S.Jeyakarthik, Advocate Sr.No.88584 AAV VB/RSK/SAR4/05.10.2018/2P/5C Crl.O.P.[MD].No.17566 of 2018 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/