Rajendran v. The Inspector Of Police

Crl.O.P.(MD).No.15249 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.15297 of 2019 1.Rajendran 2.Backiyalaksmi 3.Ravichandran

...Petitioners/Accused No.1,2,3

Vs.

1.The State rep by, The Inspector of Police, Shanarpatti Police Station, Dindigul District.

(Crime No.333 of 2019) ... 1st Respondent/Complainant 2.Saravanakumar 3.Veerappan ... Respondents 2 & 3/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.333 of 2019 dated 16.07.2018 on the file of the first respondent Police for alleged offences under Section 294(b), 323, 324 and 506 (i) of IPC, to quash the same as illegal.

For Petitioners : Mr.D.Balamurugapandi For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.M.Vignesh Kumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.333 of 2019, dated 16.07.2018, on the file of the first respondent Police for alleged offences under Section 294(b), 323, 324 and 506(i) of IPC.

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 respondents 2 and 3 and also by their respective counsel. The petitioners and the respondents 2 and 3 were also present in person before this Court and they were identified by Mr.Chinnakumarasami, Special SubInspector of Police. This Court also enquired both the parties and https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15249 of 2019 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.333 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.333 of 2019, 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 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 (co) // True Copy // Sub Assistant Registrar(CS) Vsg Encl: Xerox copy of Joint Compromise Memo To 1.The Inspector of Police, Shanarpatti Police Station, Dindigul 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.BALAMURUGAPANDI, Advocate ( SR-93951[F] dated 23/10/2019 ) Crl.O.P.(MD).No.15297 of 2019 23.10.2019 VB(04.11.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2