Irulappan, S/O.Andi v. The Inspector Of Police

Crl.O.P.(MD).No.16361 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16361 of 2019 1.Irulappan 2.Senthil @ Senthilkumar ... Petitioners/Accused Nos.1&2 Vs.

1.State rep. by The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

(Crime No.344 of 2019) ... 1st Respondent/Complainant 2.Raja ...2nd Respondent/Defacto-Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to FIR in Crime No.344 of 2019, dated 27.09.2019 on the file of the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District and quash the same as against the petitioner.

For Petitioner : Mr.B.Anandan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.T.Sathiyanathan

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Crime No.344 of 2019, dated 27.09.2019 on the file of the Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District.

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 petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.A.Marimuthu, Sub-Inspector of Police. This Court also enquired both the parties and was satisfied that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.16361 of 2019 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 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 Crime No.344 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.344 of 2019, on the file of the first respondent police, is quashed and the terms of affidavit of the de facto complainant, which shall form part and parcel of this order. The petitioner 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), and file a photocopy of the receipt along with a memo reporting compliance before the Registry / first respondent on or before 19.11.2019, failing which, this order automatically stands cancelled without further reference to this Court and the first respondent shall proceed with the investigation in Crime No.344 of 2019. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) vsd Encl: Xerox copy of the Joint Compromise Memo To 1.The Inspector of Police, Paramakudi Town Police Station, Ramanathapuram 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 M/s.B.ANANDAN, Advocate ( SR-97349[F] dated 11/11/2019 ) Crl.O.P.(MD).No.16361 of 2019 11.11.2019 JMN(14.11.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2