Reju v. The Inspector Of Police
Crl.O.P.(MD).No.18099 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2019
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.18099 of 2019 1.Reju 2.Gibson ... Petitioners/Accused No.1&2 Vs.
1. The State of Tamil Nadu, Rep. by The Inspector of Police, Suchindram Police Station, Kanyakumari District.
Crime No.393 of 2018. ... Respondent No.1/Complainant
2. Prem Anand ... Respondent No.2/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to record Joint Compromise Memo as part and parcel of the quash petition and quash the FIR in Crime No.393 of 2018, on the file of the first respondent police. For Petitioners : Mr.S.Louis For R1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R2 : Mr.S.S.Sundara Pandian
O R D E R
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.393 of 2018, on the file of the first respondent police, for the offences punishable under Sections 294(b), 323 and 506(1) 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.C.Murugan, SSI 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.18099 of 2019 4.Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 First Information Report in Crime No.393 of 2018. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.2000/-(Rupees Two thousand only) as costs to the Credit of the Rojavanam Aged Home, Melur Road, Utthankudi, Madurai and filed the original cash receipt along with this memo on 11.12.2019. The said submission is placed on record.
6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.393 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 (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) To Encl.: Xerox copy of Compromise Memo
1. The Inspector of Police, Suchindram Police Station, Kanyakumari District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy To:- The Officer in-charge, Rojavanam Aged Home, Melur Road, Utthankudi, Madurai.
+1 CC to M/s.M/S.S.LOUIS, Advocate ( SR-104789[F] dated 13/12/2019 ) SJI TE : 07/01/2020 : 2P/5C Crl.O.P.(MD).No.18099 of 2019 11.12.2019 https://hcservices.ecourts.gov.in/hcservices/ 2/2