Raja Mohamed v. The Inspector Of Police
Crl.O.P.(MD).No.17305 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17305 of 2019 and Crl.M.P.(MD)No.10209 of 2019
1. Raja Mohamed
2. Jamaal,
3. Saleem,
4. Ansari,
5. Nijamudeen, ... Petitioners /Accused Nos. 1 to 5 Vs.
1.The Inspector of Police Kottampatti Police Station Kottampatti Cr.No.184 Of 2019 Madurai District. ...1st Respondent/Complainant 2.Jahir Hussain ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.184 of 2019 on the file of the first Respondent and quash the same.
For petitioners : Mr.S.Muthalraj For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)
ORDER
The Criminal Original Petition has been filed to quash the FIR in Crime No.184 of 2019, on the file of the first respondent police.
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 Compromise agreement 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.M.Pandian, 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.
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Crl.O.P.(MD).No.17305 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.184 of 2019 pending on the file of the first respondent police.
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 Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry) and also filed the original receipt along with this agreement, on 27.11.2019. The said submission is placed on record.
6. Accordingly, this Criminal Original Petition is allowed and as a sequel, the F.I.R in Crime No.184 of 2019, on the file of the first respondent police, is quashed and the terms of joint compromise agreement shall form part and parcel of this order. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar / True Copy / Sub Assistant Registrar(CS-II) Encl: Xerox copy of Joint Compromise Memo To The Inspector of Police, Kottampatti Police Station Kottampatti, 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.
+1 CC to M/s.NA.PALANIYANDI,Advocate(SR-101899[F] dated 27/11/2019) Crl.O.P.(MD).No.17305 of 2019 27.11.2019 ls SDS/28.11.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2