Prabakaran v. The Inspector Of Police
Crl.O.P.[MD].No.18302 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2019
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.18302 of 2019 1.Prabakaran 2.Rajapandian @ Suriya 3.Premkumar 4.Jegan @ Jeganathan .. Petitioners/Accused 1, 3 to 5 vs.
1.The State of Tamil nadu rep.by The Inspector of Police, Kodaikanal Police Station, Dindigul District.
(Crime No.244 of 2019).
2.Binoj 3.Abishek 4.Sri Ragu 5.Vishnu .. Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. , to call for the records in the FIR in Crime No.244 of 2019 on the file of the first respondent police and quash the same as illegal.
For Petitioners : Mr.K.R.Laxman For R1 : Mr.S.Chandrasekar, Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to quash the FIR in CrimeNo.244 of 2019, on the file of the first respondent police for the alleged offence under Sections 147, 363, 387 and 511 of IPC. 2.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 has been signed by the petitioners and the respondents 2 to 5 and also by their respective counsel. The petitioners and the respondents 2 to 5 were also present in person before this Court and they were identified by the police, namely, M.Mariappan, SSI, Kodaikanal Police Station. This Court also enquired both the https://hcservices.ecourts.gov.in/hcservices/ 1/2
Crl.O.P.[MD].No.18302 of 2019 parties and is satisfied that the parties have come to an amicable settlement between themselves.
4.Under such circumstances, no useful purpose will be served in keeping FIR in Crime No.244 of 2019 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 FIR in Crime No.244 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 Madurai Bench High Court Advocates Association (MBHAA), and filed the original receipt along with the memo. The said submission is placed on record. This Criminal Original Petition stands allowed and as a sequel, FIR in Crime No.244 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 (CO) // True Copy // Sub Assistant Registrar(CS) das Encl:
Xerox copy of the Joint Compromise Memo To 1.The Inspector of Police, Kodaikanal Police Station, Dindigul District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Secretary, Madurai Bench High Court Advocates Association (MBHAA), High Court campus, Madurai.
+1 CC to M/s.K.R.LAXMAN, Advocate ( SR-103929[F] dated 06/12/2019 ) Crl.O.P.[MD].No.18302 of 2019 06.12.2019 JMN(27.12.2019) 2P : 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2