Ananth v. The Inspector Of Police

Crl.O.P.(MD).No.11457 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.11457 of 2019

1. Ananth

2. Arunpandi @ Arunachala Pandi

3. Ramesh

4. Murugan ... Petitioners Vs.

1.State rep. by The Inspector of Police, Valliyoor Police Station Valliyoor, Tirunelveli District 2.Arunachala Pandi @ Arun pandi ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the impugned First Information Report in Crime No.189 of 2015 on the file of the first respondent police and quash the same.

For Petitioners : Mr.K.Sivabalan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.189 of 2015, on the file of the first respondent police, for an alleged offences under Sections 294(b), 352 and 506(ii) of IPC 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 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.Ponson, SI 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 before the respondent police. Even though, the offences involved are not compoundable in https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.11457 of 2019 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.189 of 2015 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.189 of 2015, on the file of the first respondent police, 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.5000/- (Rupees Five Thousand only) 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 // True Copy // Sub Assistant Registrar(CS ) Encl.:Xerox Copy of Joint Compromise Memo To

1. The Inspector of Police, Valliyoor Police Station Valliyoor, Tirunelveli District

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

Copy to: The Section Officer, Accounts Section,(2 Copies), Madurai Bench of Madras High court, Madurai +1 CC to Mr.K.SIVABALAN, Advocate ( SR-86481[F] dated 13/09/2019 ) Crl.O.P.(MD).No.11457 of 2019 13.09.2019 aav MK (04.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2