Seenivasan v. The Inspector Of Police

Crl.O.P.(MD).No.14286 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.14286 of 2019 1.Seenivasan

2. Venkadalakshmi ... Petitioners/A1 and A2 Vs.

The State by

1. The Inspector of Police Karaikudi North Police Station, Sivagangai District. ... R 1/Complainant

2. Venkadaprasath ...2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to Call for the records pertaining to Crime No.373 of 2018 on the file of the first respondent and quash the same.

For Petitioners : Mr.T.Lenin Kumar For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) For R2 : Mr.D.Venkatesh

O R D E R

The Criminal Original Petition has been filed to quash the F.I.R. in Crime No.373 of 2018 on the file of the first respondent. 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. This Court 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.14286 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 in Crime No.373 of 2018 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the F.I.R. in Crime No.373 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 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 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 (AD-II) // True Copy // Sub Assistant Registrar(CS ) Encl: Xerox copy of Joint compromise Memo To 1.The Inspector of Police Karaikudi North Police Station, Sivagangai 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 Mr.D.VENKATESH, Advocate ( SR-91812[F] dated 15/10/2019 Crl.O.P.(MD).No.14286 of 2019 14.10.2019 Ls VB(21.10.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2