Muni @ Muniasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA 1.Muni @ Muniasamy 2.Preethi @ Prithviraj 3.Kalaiyarasan 4.Vasanth 5.Arun 6.Karthick 7.Suriya ..Petitioners Vs.
State Rep. by 1.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.
Crime No.314 of 2019.
2.Balusamy ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in FIR in Crime No.314 of 2019, dated 03.09.2019 on the file of the first respondent and quash the same.
For Petitioners : Mr.N.Saravanan For R1 : Mr.S.Chandrasekar Additional Public Prosecutor For R2 : Mr.N.Sathish Kumar
O R D E R
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.314 of 2019, on the file of the first respondent police, for the offences punishable under Sections 147, 294(b), 323, 506(1) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. 2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and 1/3
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.M.Manickam, SI of Police, Thirupparankundram Police Station, Sivagangai District. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 4.The learned counsel for the second respondent submitted that totally there are four victims in this case and that they have also filed necessary affidavit and they have agreed to compromise the matter.
5.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.314 of 2019. 6.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs to the Credit of the Hands of Compassion, 8/262, Ayathampatti, Alagarkovil, Madurai and filed the original cash receipt along with this memo on 20.01.2020. The said submission is placed on record.
7.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.314 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.
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To 1.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.N.SARAVANAN, Advocate ( SR-2170[F] dated 21/01/2020 ) KK/SAR/07.02.2020/3P-4C/ 3/3