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Madras High CourtCRL OP(MD)/19086/2019allowed

R. Arun @ Arunkumar v. The Inspector Of Police

2020-01-09Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.[MD].No.19086 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.19086 of 2019 and Crl.M.P.[MD].No.11210 of 2019 1.Arun @ Arunkumar : Petitioner/A1 2.M.Vinothkumar : Petitioner Vs.

1.The State Rep. by The Inspector of Police, Uthamapalayam Police Station, Theni District.

In Crime No.94 of 2015.

... 1st Respondent/Complainant 2.Narayanan ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the impugned FIR in Crime No.94 of 2015, dated 01.03.2015, on the file of the first respondent police and quash the same as illegal insofar as the petitioners/accused concern.

For Petitioners : Mr.S.T.K.Jakkaiyan For R-1 : Mrs.S.Bharathi Government Advocate (Crl.Side) For R-2 : M/s.S.Muthumeena

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No.94 of 2015, on the file of the respondent police, for the offences punishable under Sections 147, 294(b), 323, 325 and 506(i) 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 petitioners and the second respondent and also by their respective counsel. The petitioners and the second https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.19086 of 2019 respondent were also present in person before this Court and they were identified by Mr.S.Chinnachamy, 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.94 of 2015. 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 Chief Justice Relief Fund (Payable in Accounts Section of the High Court Registry) and filed the original cash receipt along with this memo on 09.01.2020. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.94 of 2015, 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. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) sji To 1.The Inspector of Police, Uthamapalayam Police Station, Theni District. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.T.K.JAKKAIYAN, Advocate SR-1294[F] Crl.O.P.[MD].No.19086 of 2019 al(CO) TR(27.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2