Vignesh v. The Inspector Of Police

Crl.O.P.(MD).No.16928 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16928 of 2019 Vignesh ... Petitioner/Juvenile Delinquent in Conflict with law No.7 Vs.

1.The Inspector of Police Kallikudi Police Station, Madurai.

(Cr.No.31/2016) ...1st Respondent/Complainant 2.Maruthu Selvam ... 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 first information report in Crime No.31 of 2016 on the file of the Respondent No.1 dated 11.02.2016 and quash the same, as illegal and quash the against A.Vignesh, S/o.Arumugam, Juvenile conflict with law No.7 and extend the benefit of section 54 of Juvenile Justice Act,2015. For Petitioner : Mr.T. Lajapathi Roy For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.G.Karthik

ORDER

The Criminal Original Petition has been filed to quash the proceedings of FIR in Crime No.31 of 2016 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 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.G.Rajendran, 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.16928 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.31 of 2016 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the F.I.R in Crime No.31 of 2016, 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. The petitioner shall pay 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 file a photocopy of the receipt along with a memo reporting compliance before the Registry and the 1st respondent on or before 25.11.2019, failing which, this order automatically stands cancelled without further reference to this Court.

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

To The Inspector of Police Kallikudi Police Station, Madurai.

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 Mr.T.LAJAPATHI ROY ,Advocate, SR.No. 99086 Crl.O.P.(MD).No.16928 of 2019 18.11.2019 KK/SAR/18.11.2019/2P-5C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2