R. Aswin v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. R.Aswin

2. Sahayam @ Sahayam Patchek

3. Subash @ Antony Subash ...

Petitioners Vs.

1.State rep. by The Sub Inspector of Police, North Police Station Thoothukudi, Thoothukudi District (Crime No.112/2017) 2.G. Uthayakumar ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in relating to the entire proceedings of the FIR in Crime No.112 of 2017 on the file of the first respondnet and quash the same insofar as the petitioners concerned.

For Petitioners : Mr.N.Ramesh Arumugam 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.112 of 2017, on the file of the first respondent police, for an alleged offences under Sections 294(b), 323,324 and 506(ii) 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 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.Murugaboopathy, SSI of 1/3

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.112 of 2017 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.112 of 2017, 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 (CS-I) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo aav To

1. The Sub Inspector of Police, North Police Station Thoothukudi, Thoothukudi District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

2/3

Copy to 1.The Section Officer, Accounts Section Madurai Bench of Madras High Court, Madurai.

2..The Section Officer,-2 copies Criminal Section Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-93498[F] dated 22/10/2019 ) 21.10.2019 KM/(04.11.2019) 3P 7C 3/3