Mukesh v. The Inspector Of Police

Crl.O.P.(MD).No.17958 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.17958 of 2019 1.Mukesh 2.Chelladurai ..Petitioners/A1 & A6 Vs.

1.The State Rep. by its Inspector of Police, Panangudi Police Station, Tirunelveli District.

Crime No.151 of 2018.

... 1st Respondent/Complainant

2. Barath ... 2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records from the respondent police in Crime No. 151 of 2018 dated 17.03.2018 and quash the same as against the petitioners concerned. For Petitioners : Mr.L. Prabakaran For R1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R2 : Mr.S.Baranitharan

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No. 151 of 2018 dated 17.03.2018, on the file of the first respondent police, for the offences punishable under Sections 294(b), 323, 341 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.Gnanakkan, SI of Police. This Court also enquired both the parties and was satisfied that the parties https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.17958 of 2019 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, 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.151 of 2018. 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 and filed the original cash receipt along with this memo on 18.12.2019. The said submission is placed on record. 6.

Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.151 of 2018, 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(Writs) // True Copy // Sub Assistant Registrar(CS) ksa ENCL.

1. The Inspector of Police, Panangudi Police Station, Tirunelveli District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3. The Section Officer,Accounts Section, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.17958 of 2019 18.12.2019 TR(19.12.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2