Prakash v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.12.2019
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA 1.Prakash 2.Ravindran 3.Periyasamy 4.Ajith @ Ajithkumar 5.Anthony ..Petitioners /Accused Nos.1 to 5 Vs.
1.State Represented by The Inspector of Police, Koodankulam Police Station, Tirunelveli District. ... 1st Respondent/Complainant Crime No.323 of 2019.
2.Vetrivel ...2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the entire records pertaining to the case in Crime No.323 of 2019, on the file of the Inspector of Police, Koodankulam Police Station, Tirunelveli District and quash the same.
For Petitioners : Mr.A.Kesavan For R1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R2 : Mr.C.Anand
O R D E R
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.323 of 2019, on the file of the Inspector of Police, Koodankulam Police Station, Tirunelveli District, for the offences punishable under Sections 147, 294(b), 323, 324 and 506(2) 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. 1/3
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.M.Pauldurai, SSI of Police. 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, 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.323 of 2019. 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 High Court Legal Services Committee, Madurai Bench of Madras High Court, Madurai and filed the original cash receipt along with this memo on 09.12.2019. The said submission is placed on record.
6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.323 of 2019, on the file of the Inspector of Police, Koodankulam Police Station, Tirunelveli District, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) Sji Encl: Xerox Copy of Joint Compromise Memo.
To 1.The Inspector of Police, Koodankulam Police Station, Tirunelveli District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Copy to The Officer Incharge, High Court Legal Service Authority Madurai Bench of Madras High Court, Madurai +1 CC to Mr.A.KESAVAN, Advocate ( SR-104037[F] dated 09/12/2019 ) 09.12.2019 VB(31.12.2019) 3P 5C 3/3