Periyasamy v. The Inspector Of Police

Crl.O.P.(MD)No.17937 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.17937 of 2019 Periyasamy

...Petitioner/Accused 6

-Vs1.The State rep by Inspector of Police, Koodakovil Police Station, Madurai District.

(Crime No.107 of 2017) ... Respondent/Complainant 2.Maruthupandi ... Respondent/Defacto Complainant Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.107 of 2017 dated 10.06.2017 pending on the file of the first respondent police as against the petitioner concerned. For Petitioner : Mr.S.Sivaprakash For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : M/s.Hema Senthil

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.107 of 2017 dated 10.06.2017 pending on the file of the first respondent police as against the petitioner concerned. 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.M.Muthupandi (Head Constable.1661). 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.17937 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 FIR in Crime No.107 of 2017.

5. It is represented by the learned counsel for the petitioner that the petitioner 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 29.11.2019. The said submission is placed on record.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.107 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. Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) dss Encl:

Xerox copy of the Joint Compromise Memo To 1.The Inspector of Police, Koodakovil Police Station, Madurai 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.

Crl.O.P.(MD)No.17937 of 2019 29.11.2019 JMN(10.12.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2