Gnanabalaji @ Balaji v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN 1.Gnanabalaji @ Balaji 2.Rajamohan 3.Premkumar 4.S.Raj Narayanan @ Raj Nadar 5.Ramesh Seenivasan @ Seenivasan 6.Kannan 7.Venkatesh Prabhu @ Prabhu 8.Stanley 9.Manuel Raja @ Subash 10.Edward @ Yettu 11.Ravikumar @ Puyal Ravi @ Ravi 12.Mahiben Ebenezer 13.James Paul 14.Samuel Baskar Raj
...Petitioners
Vs.
1.State represented by The Inspector of Police, Nanguneri Police Station, Tirunelveli District.
(Crime No.370 of 2017) ...1st Respondent/Complainant 2.Sundar Singh @ Sundar ...2nd Respondent/Informant 3.Samuel ...3rd Respondent/Victim 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.370 of 2017 on the file of the first respondent and quash the same.
For Petitioners : Mr.R.M.Arun Swaminathan for M/s.Chetinad Legal solutions For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) For R2 and R3 : Mr.Abdul Kalam Azad
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.370 of 2017, on the file of the Inspector of Police, Nanguneri Police Station, Tirunelveli District. 1/3
2.The case is under 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.C.Rajendran, S.I. 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 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.370 of 2017, pending on the file of the Inspector of Police, Nanguneri Police Station, Tirunelveli District.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.370 of 2017, on the file of the Inspector of Police, Nanguneri Police Station, Tirunelveli District, is quashed and the terms of joint compromise memo, which shall form part and parcel of this order. Each of 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 (CS-II) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo das 2/3
To 1.The Inspector of Police, Nanguneri Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.
18.09.2019 KM/(09.10.2019) 3P 4C 3/3