R. Krishwanth v. The Inspector Of Police
Crl.O.P.(MD).No.13737 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.13737 of 2019 1.R.Krishwanth 2.N.Dinesh 3.Anandh ... Petitioners/A1 to A3 - Vs. - 1.State rep. by the The Inspector of Police, C5-Karimedu (L&O) Police Station, Madurai City Crime No.645/2019 2.Premkumar 3.Poopandi 4.Karuppayammal ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to FIR in Crime No.665 of 2019 dated 19.08.2019 on the file of the Inspector of Police, C-5, Karimedu (L&O) Police Station, Madurai City and quash the same. For Petitioners : Mr.M.Jegadeesh Pandian For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2-4 : Mr.M.Karunanithi
ORDER
The Criminal Original Petition has been filed to quash the case in Crime No.665 of 2019 dated 19.08.2019 on the file of the Inspector of Police, C-5, Karimedu (L&O) Police Station, Madurai City as against the petitioners.
2.The case is still under investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3.A Joint Compromise Memo has been filed before this Court, which has been signed by the petitioners and the second respondent/defacto complainant as well as the respondents 3 and 4 and also by their respective counsel. The petitioners and the respondents 2 to 4 were also present in person before this Court and they were identified by Mr.R.Raja, Special Sub Inspector 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/ 1/2
Crl.O.P.(MD).No.13737 of 2019 4.Under such circumstances, no useful purpose will be served in keeping the first information report pending before the file of the 1st 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 criminal proceedings in Crime No.665 of 2019 dated 19.08.2019 on the file of the Inspector of Police, C-5, Karimedu (L&O) Police Station, Madurai City as against the petitioners.
5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.665 of 2019 dated 19.08.2019 on the file of the Inspector of Police, C-5, Karimedu (L&O) Police Station, Madurai City 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 Madurai Bench of Madras 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) Arul Enclose: Xerox Copy of Joint Compromise Memo. To 1.The Inspector of Police, C5-Karimedu (L&O) Police Station, Madurai City.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.JEGADEESHPANDIAN, Advocate SR-89717. Crl.O.P.(MD).No.13737 of 2019 26.09.2019 CS(23.10.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2