Karthik v. The Inspector Of Police

Crl.O.P.[MD].No.18216 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2019

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.18216 of 2019 1.Karthik 2.Selvaraj 3.Paneer Selvam .. Petitioners vs.

1.State rep.by The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

(Crime No.90 of 2018).

2.Subramanian .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to record the compromise memo and quash the F.I.R in Crime No.90 of 2018, dated 21.05.2018, pending on the file of the first respondent police.

For Petitioners : Mr.A.Joel Paul Antony For R1 : Mrs.S.Bharathi, Government Advocate (Criminal Side)

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.90 of 2018, on the file of the first respondent police for the alleged offence under Sections 294(b), 324 and 506(ii) of IPC.

2.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 has 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 the police, namely, S.Usha (WPC.130), https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.18216 of 2019 Uppiliyappapuram Police Station. This Court also enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves.

4.Under such circumstances, no useful purpose will be served in keeping FIR in Crime No.90 of 2018 pending, 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 FIR in Crime No.90 of 2018.

5.It is represented by the learned counsel for the petitioners that the petitioners already paid a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Madurai Bench High Court Advocates Association (MBHAA), and filed the original receipt along with the memo. The said submission is placed on record. This Criminal Original Petition stands allowed and as a sequel, FIR in Crime No.90 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.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) das Encl:Xerox Copy of Joint Compromise Memo.

To 1.The Inspector of Police, Uppiliyapuram Police Station, Trichy District.

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

+1 CC to M/s.A.JOEL PAUL ANTONY, Advocate ( SR-103885[F] dated 06/12/2019 ) Crl.O.P.[MD].No.18216 of 2019 06.12.2019 KK/SAR/26.12.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2