U.Robin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD) Nos.7914 and 7915 of 2019

1. U.Robin

2. Vijay

3. Sujin

4. Sunder Raj

5. Agnas ... Petitioners/Accused 1 to 5 Vs.

1.The Inspector of Police Puthukadai Police Station Kanyakumari District ... Respondent/Complainant 2.N.Gopi ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the case in C.C.No.138 of 2018 on the file of Judicial Magistrate - II, Kuzhithurai, Kanyakumari District and quash the same as against these petitioners are concerned.

For Petitioners : Mr.S.C.Herold Singh For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.138 of 2018 on the file of Judicial Magistrate - II, Kuzhithurai, Kanyakumari District for an alleged offences under Sections 147,148,294(b),324,342,447 and 506(ii) of IPC 2.The case is under trial. 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.Rasel, SSI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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 C.C.No.138 of 2018 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.138 of 2018 on the file of Judicial Magistrate - II, Kuzhithurai, Kanyakumari District , is quashed and the terms of joint compromise memo which 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. Consequently connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) Encl.

1. The Judicial Magistrate - II, Kuzhithurai, Kanyakumari District

2. The Inspector of Police Puthukadai Police Station Kanyakumari District 3.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 2/3

2. The Section Officer, Criminal Section,(2 copies) Madurai Bench Of Madras High Court, Madurai (for reporting compliance) +1 CC to Mr.S.C.HEROLD SINGH, Advocate ( SR-86623[F] dated 13/09/2019 ) and Crl.M.P(MD) Nos.7914 and 7915 of 2019 13.09.2019 aav MK (30.09.2019) 3P 8C 3/3