Mokkaraj v. The Inspector Of Police

Crl.O.P.(MD).No.15643 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.15643 of 2019 1.Mokkaraj 2.Gurunathan 3.Rajaraman (Wrongly mentioned as RAMAR in FIR) 4.Kannan 5.Malarimani 6.Chittammal 7.P.Muthulakshmi ...

Petitioners/Accused Nos.1 to 7 Vs.

1.The Inspector of Police, Nagamalapudukottai Police Station, Madurai District.

In Crime No.308 of 2019 ... 1st Respondent/Complainant 2.Alexpandi ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to Crime No.308 of 2019 on the file of the Inspector of Police, Nagamalaiapudukottai Police Station, Madurai District and quash the same by accepting the joint compromise memo dated 04.02.2018.

For Petitioners : Mr.A.Jayaramachandran For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.C.Kathiravan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.308 of 2019 on the file of the first respondent Police for alleged offences under Sections 147, 148, 442, 342, 324, 294(b) 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.Raj, 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15643 of 2019 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.308 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.308 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.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-I) // True Copy // Sub Assistant Registrar(CS) vsg ENCL.: XEROX COPY OF COMPROMISE MEMO To 1.The Inspector of Police, Nagamalapudukottai Police Station, Madurai District. Copy to

1. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

2. The Section Officer,Accounts Section, Madurai Bench of Madras High Court, Madurai.

3. The Section Officer,Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1CC TO MR.C.KATHIRAVAN, Advocate Sr. No. 95125 Crl.O.P.(MD).No.15643 of 2019 30.10.2019 SRK(CO) TR(19.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2