Surya v. The Deputy Superintendent Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17861 of 2018 1.Surya 2.Manimaran 3.Muthukumar 4.Vinoth 5.Muthukrishnan 6.Ramar @ Anbarasu .. Petitioners vs.

1.Deputy Superintendent of Police, Melur Road, Melur, Madurai District.

(Crime No.280/2016) 2.Siva .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.280 of 2016 on the file of the first respondent police and quash the same.

For Petitioners : Mr.T.Vadivelan For R1 : Mr.R.Anandharaj Additional Public Prosecutor For R2 : Mr.Karthick Subramanian

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.280 of 2016 on the file of the first respondent, for the alleged offence under Sections 147, 148, 341, 294(b), 323, 324, 506(ii) and 307 IPC r/w 3 (2) (Va) SC&ST Prevention of Atrocities Act 2015.

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 has been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.S.Ramu, SSI of Police. 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.280 of 2016.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.280 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 petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the Rojavanam, Home for aged and Poor (payable in Account No.6481560540, Indian Bank, Madurain Bench of Madras High Court, Madurai), within a period of two weeks 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 (ADI) // True Copy // Sub Assistant Registrar(CS-III) Encl : Xerox Copy of the Compromise memo To 1.The Deputy Superintendent of Police, Melur Road, Melur, Madurai District.

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

Copy to :

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) (for Reporting Compliance) +1cc to Mr.T.Vadivelan, Advocate, Sr.No.93022. Crl.O.P.[MD].No.17861 of 2018 26.10.2018 mm RAM-KK/RSK/SAR 3/06.12.2018/3P/6C