M. Raja v. The Inspector Of Police

CRL.O.P.(MD).No.17272 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.17272 of 2019 1.M.Raja 2.Gnanaraj 3.Rajkumar ... Petitioners/Accused Nos.1 to 3 Vs.

1.State represented by The Inspector of Police, Nachiyapuram Police Station, Sivagangai District.

Crime No.77 of 2019.

...1st Respondent/Complainant 2.Nagur Kani ...2nd Respondent/Defacto Complainant 3.Mohamed Kasim ... 3rd Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned FIR in Crime No.77 of 2019, on the file of the first respondent police and quash the same.

For Petitioners : Mr.T.Veerakumar For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) For R2 and R3 : Mr.D.Dinesh

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 77 of 2019, on the file of the first respondent police, for an alleged offences under Sections 341, 294 (b), 324, 307 and 379 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 private respondents were also present in person before this Court and they were identified by Mr.Joseph Arockiya Raj. 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.17272 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. 77 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 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 filed the original cash receipt along with this memo on 26.11.2019. The said submission is placed on record.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 77 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. Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox Copy of Joint Compromise Memo.

das To 1.The Inspector of Police, Nachiyapuram Police Station, Sivagangai 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 Mr. T.VEERAKUMAR ,Advocate, SR.No. 101756 CRL.O.P.(MD).No.17272 of 2019 26.11.2019 KK/SAR/27.11.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2