R. Jawaharraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

1. R. Jawaharraj

2. Jeganathan 3.Sheik Abdulkadar 4.Muthukrishnan ...

Petitioners /Accused Vs.

1.The State Rep by The Inspector of Police Eruvadi Police Station, Tirunelveli District Cr.No.36 of 2017

...Respondent/Complainant

2.The Deputy Superintendent of Police, Nanguneri, Tirunelveli 3.R.Rajavel ... Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in connection with the impugned FIR in Cr.No.36 of 2017 on the file of first Respondent Police and quash the same in so far as the petitioner is concerned. For Petitioners : Mr.G.Thalaimutharasu For R-1 and R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-3 : Mr.P.Veerapandi

ORDER

The Criminal Original Petition has been filed to quash the F.I.R. in Crime No.36 of 2017 on the file of 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 petitioners and the third respondent 1/3

and also by their respective counsel. The petitioners and the third respondent were also present in person before this Court and they were identified by Mr.M.Muthu, Grade-I-3140. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the first 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.36 of 2017 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.36 of 2017, 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 petitioners 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 28.11.2019, failing which, this order automatically stands cancelled without further reference to this Court.

Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar(CS) Ls To 1.The Deputy Superintendent of Police, Nanguneri, Tirunelveli 2.The Inspector of Police Eruvadi Police Station, Tirunelveli District Cr.No.36 of 2017 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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Copy to:

The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G. THALAIMUTHARASU, Advocate ( SR-100256[F] dated 21/11/2019 ) 21.11.2019 KK/SAR/21.11.2019/3P-6C/ 3/3