Ealappan v. The Inspector Of Police

Crl.O.P.(MD).No.18651 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.18651 of 2019 Ealappan .. Petitioner/Sole Accused Vs.

State Rep. by 1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

Crime No.180 of 2019.

2.Samayamuthu ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the proceedings in Crime No.180 of 2019, on the file of the first respondent police and quash the same.

For Petitioner : Mr.R.Balamuruganantham For R1 : Mrs.S.Bharathi Government Advocate (Crl. side) For R2 : Mr.S.Valmekanathan

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.180 of 2019, on the file of the first respondent police, for the offences punishable under Sections 341, 294(b), 353 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. 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.Thangarajan, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.18651 of 2019 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.180 of 2019. 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 Anbagam, (Institution for the Mentally Handicapped Children), Race Course Road, Madurai and filed the original cash receipt along with this memo on 12.12.2019. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.180 of 2019, 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 // True Copy // / /2020 Sub Assistant Registrar(CS ) Sji Encl.: Xerox Copy of joint Compromise Memo To 1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

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

+1 CC to Mr.R.BALAMURUGANANTHAM, Advocate ( SR-104735[F] dated 12/12/2019 ) Crl.O.P.(MD).No.18651 of 2019 12.12.2019 MK (09.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2