Kalirajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.18159 of 2018 1.Kalirajan 2.Sathish 3.Meenal : Petitioners/A1 TO A3 Vs.

State represented 1.The Inspector of Police, Sivagangai Town Police Station, Sivagangi District.

(Crime No.253 of 2017) : 1st Respondent/complainant 2.Kannan : 2nd Respondent/ Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the proceedings in Crime No.253 of 2017 on the file of the first respondent police and quash the same.

For Petitioners : Mr.T.Kumar For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R-2 : Mr.R.Balamuruganantham

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.253 of 2017, on the file of the first respondent, for an alleged offences under Sections 294(b), 324, 448 and 506(ii) of IPC and altered into 307 of IPC.

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 petitioners and the second respondent were also present in person before this 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 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.253 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.253 of 2017, 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.500/- as costs, to the credit of the 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 (ADI) // True Copy // Sub Assistant Registrar(CS-IV) ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO To 1.THE INSPECTOR OF POLICE, SIVAGANGAI TOWN POLICE STATION, SIVAGANGI DISTRICT.

2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO

1. THE OFFICER INCHARGE, ROJAVANAM, HOME FOR AGED AND POOR, ULAGANERI, MADURAI.

2. THE REGISTRAR(JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3. THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4. THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. (2 COPIES) Crl.O.P.[MD].No.18159 of 2018 12.10.2018 rmi TR/RP/SAR-IV(08.11.2018)3P 8C