R. Neelesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. R.Neelesh

2. V.Guru Prakash

3. N.Mohammed Imrankhan

4. Kavin Tamil

5. Moulidharan

6. Praveen Kumar

7. Jebri Rajadurai @ Jefri Rajadurai

8. Hariharan ... Petitioners/Accused No.1 to 8 Vs.

1.The State Rep. by The Inspector of Police Gandamanur Vilakku Police Station Theni District Crime No. 176 of 2019 ..1st Respondent/Complainant 2.Dr.K.Rajendran Deen, Theni Medical College and Hospital Theni ..2nd Respondent/Defacto Complainant

3. K.B.Mukesh Kumar ...3rd Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the FIR in Crime No. 176 of 2019 on the file of the first respondent and quash the same.

For Petitioners : Mr.P.Senguttuarasan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 176 of 2019, on the file of the first respondent police, for an alleged offences under Section 4 of Tamil Nadu Prohibition of Ragging Act, 1997 2.The case is still at the stage of investigation. By passage 1/3

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 third respondent and also by their respective counsel. The petitioners and the third respondent were also present in person before this Court and they were identified by Mr, Saravanan Deivendran, SI of Police. 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. 176 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 Crime No. 176 of 2019, on the file of the first respondent police, is quashed and the terms of joint compromise memo and the undertaking affidavit filed by the petitioners shall form part and parcel of this order. 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.

6. All the petitioners have filed a undertaking affidavit before this Court stating that they will not indulge in similar type of offences in future. If they violate the undertaking affidavit filed before this Court, the respondent police is at liberty to take appropriate action against the petitioners in accordance with law.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) 2/3

Encl:Xerox copy of joint compromise memo aav To 1.The Inspector of Police Gandamanur Vilakku Police Station Theni District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Section Officer,-2 copies Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.P.SENGUTTUARASAN, Advocate ( SR-91667[F] dated 09/10/2019 ) 04.10.2019 KM/(17.10.2019) 3P 6C 3/3