Kumaresan 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.18357 of 2018 1.Kumaresan 2.Tharmaraj : Petitioners Vs.

1.State represented by, The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

(Crime No.118 of 2018) 2.Virakumar : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in Crime No.118 of 2018 on the file of the Inspector of Police, Thuvarankurichi Police Station, Trichy District may be quashed as against the petitioners.

For Petitioners: Mr.M.Pitchai Muthu For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R-2 : Mr.R.Ramachandran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.118 of 2018, on the file of the first respondent, for an alleged offences under Sections 294(b), 323, 427 and 506(ii) 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 were identified by Mr.Marnadu, Special SubInspector of Police and they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also https://hcservices.ecourts.gov.in/hcservices/

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.118 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.118 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.500/- 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 (AD-I) // True Copy // Sub Assistant Registrar(CS-I) Encl: Memo of Compromise To 1.The Inspector of Police, Thuvarankurichi Police Station, Trichy District.

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

1.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

2.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) RMI BU/SKN/SAR-1 :12.11.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.[MD].No.18357 of 2018 12.10.2018