Mydeen Pitchai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.13447 of 2019 Mydeen Pitchai ...

Petitioner/Accused No.1 Vs.

1.State rep. by The Inspector of Police, Puliyangudi Police Station Tirunelveli City ... 1st respondent/Complainant (Crime No.125/18) 2.Kajakani ... 2nd Respondent/ Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire record relating to the impugned FIR in Crime No. 125 of 2018 on the file of the first respondent and to quash the same as arbitray in respect of the petitioner concerned.

For Petitioner : Mr.A.Kathiresa perumal For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 : Mr.P.Ronald

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 125 of 2018, on the file of the first respondent police, for an alleged offences under Sections 294(b), 323 and 506(ii) of IPC and Section 4 of TNPHW Act r/w.Section 109 and 147 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 petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.Velusamy,SI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/

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. 125 of 2018 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. 125 of 2018, 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 petitioner 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) aav ENCL.: XEROX COPY OF JOINT COMPROMISE To

1. The The Inspector of Police, Puliyangudi Police Station, Tirunelveli City 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

+1CC TO MR.R.KATHIRESAPERUMAL, Advocate Sr. No. 88983 Crl.O.P.(MD).No.13447 of 2019 24.09.2019 SRK(CO) TR(09.10.2019) 2P C https://hcservices.ecourts.gov.in/hcservices/