Kalidoss v. The Inspector Of Police,

Crl.O.P.(MD).No.8214 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.8214 of 2018 and Crl.M.P.(MD)No.3695 of 2018 Kalidoss ... Petitioner Vs.

1.The Inspector of Police, Kottampatti Police Station, Melur Taluk, Madurai District.

2.Sathiyaraj ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to in Crime No.343 of 2017 on the file of the respondent police and quash the same.

For Petitioner : Mr.S.Thamizharasan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) For R2 : Mr.S.Pakalavan

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.343 of 2017 9 on the file of the first respondent police .

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. 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/ 1/2

Crl.O.P.(MD).No.8214 of 2018

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.343 of 2017 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.343 of 2017, 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), and file a photocopy of the receipt along with a memo reporting compliance before the Registry and the 1st respondent on or before 25.11.2019, failing which, this order automatically stands cancelled without further reference to this Court. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Ls Encl: Xerox copy of the Joint Compromise Memo To

1. The Inspector of Police, Kottampatti Police Station, Melur Taluk, Madurai 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.

+1 CC to M/s.S.THAMIZHARASAN, Advocate (SR-96842[F] dated 07/11/2019 Crl.O.P.(MD).No.8214 of 2018 07.11.2019 JMN(15.11.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2