R.Sakundhala v. The Sub Inspector Of Police

Crl.O.P.(MD).No.12741 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.12741 of 2019

1. R.Sakundhala

2. R. Aathiyan

3. P.Surendiran @ Jeeva ... Petitioners/Accused 1 to 3 - Vs. - 1.The Sub Inspector of Police Rural Police Station, Bodinayakanur, Theni District (Crime No.14 of 2019) : 1st Respondent/Complainant

2. P.Pappammal, :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 FIR in Crime No.14 of 2019, dated 07.01.2019 on the file of the 1st respondent and quash the same For Petitioners : Mr.P.Muthuvijayapandian For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.V.Ramalingam

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in in Crime No.14 of 2019, on the file of the first respondent police, for an alleged offences under Sections 294(b), 323, 324 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. This Court 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 is pending before the respondent police. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.12741 of 2019 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 in Crime No.14 of 2019 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the F.I.R. in Crime No.14 of 2019, 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 jointly 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) Enclose: Xerox copy of Joint Compromise Memo. To

1. The Sub Inspector of Police, Rural Police Station, Bodinayakanur, Theni 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) +1 CC to Mr.P.MUTHU VIJAYA PANDIAN, Advocate SR-88965. Crl.O.P.(MD).No.12741 of 2019 23.09.2019 Ls CS(10.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2