M. Venkatesh @ Venkateswaran v. The Sub Inspector Of Police

Crl.O.P.(MD).No.13784 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.13784 of 2019 1.M.Venkatesh @ Venkateswaran 2.C.Selvakumar 3.G.Gopinath 4.K.Kannan 5.Aadhi @ Krishnamoorthy

...Petitioners/Accused 1 to 5

Vs.

1.The State rep. by The Sub-Inspector of Police, M.Chathrapatti Police Station, Madurai District.

(Crime No.60 of 2019) ... 1st Respondent/Complainant 2.Nallusamy ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the F.I.R. in Crime No.60 of 2019 on the file of 1st respondent police and quash the same.

For Petitioners : Mr.S.Manikandan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) ***

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Crime No.60 of 2019 on the file of the first respondent police as against the petitioners.

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 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.R.Chandrasekar, 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.

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Crl.O.P.(MD).No.13784 of 2019

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report is 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 Cr.No.60 of 2019 pending on the file of the first respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.60 of 2019, on the file of the first respondent police, is quashed and the terms of affidavit of the de facto complainant, which shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.5,000/- (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 ) Enclose: Xerox Copy of Joint Compromise Memo. To 1.The Sub-Inspector of Police, M.Chathrapatti Police Station, 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.MANAIKANDAN, Advocate SR-90051. +1 CC to M/s.VA.SHANMUGARAJ, Advocate SR-90050 Crl.O.P.(MD).No.13784 of 2019 27.09.2019 vsd CS(22.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2