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Madras High CourtCRL OP(MD)/17376/2019allowed

Selvavinayagam @ Muthukumar v. The Inspector Of Police

2019-11-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.17376 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17376 of 2019

1. Selvavinayagam @ Muthukumar

2. Muruganantham

3. Bagavath Singh ... Petitioners Vs.

1.The Inspector of Police, Watrap Police Station Virudhunagar District 2.Chandra ... Respondents 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 Crime No. 293 of 2015 on the file of the Inspector of Police, Watrap Police Station and quash the same.

For Petitioners : Mrs.M.Anbarasi For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.Thalaimutharasu

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 293 of 2015 , on the file of the first respondent police, for an alleged offences under Sections 294(b) and 506(ii) 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.B.Radhakrishnan, 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.17376 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. 293 of 2015 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 25.11.2019. The said submission is placed on record.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 293 of 2015 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 (W) / True Copy / Sub Assistant Registrar(CS- ) Encl: Xerox copy of Joint Compromise Memo To 1.The Inspector of Police, Watrap Police Station Virudhunagar 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 to M/s.M. ANBARASI, Advocate ( SR-101393[F] dated 26/11/2019) Crl.O.P.(MD).No.17376 of 2019 25.11.2019 aav ES/26.11.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2