Tiruppathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.12.2019
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No. 18911 of 2019
1. Tiruppathi
2. Santhosh
3. Sathish ..Petitioners/Accused Vs.
1.The State Represented by its Inspector of Police, (Crime No. 133 of 2019).
...1st Respondent/Complainant
2. Vasanthakumar ...2nd Respondent/ Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in the Crime No. 133 of 2019 on the file of the Inspector of Police, Tiruppachethi Police station, Sivagangai District and quash the same.
For Petitioners : Mr.S. Ramesh For R1 : M/s.S.Bharathi Government Advocate (crl. side) For R2 : Mr.Vijayasethupathy Crl.O.P.(MD).No. 18912 of 2019
1. Vasanth
2. Sankar
3. Vijay
4. Pandiyarajan ..Petitioners/Accused Vs.
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1.The State Represented by its Inspector of Police, (Crime No. 134 of 2019).
...1st Respondent/Complainant
2. Thiruppathi ...2nd Respondent/ Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in the Crime No. 134 of 2019 on the file of the Inspector of Police, Tiruppachethi Police station, Sivagangai District and quash the same.
For Petitioners : Mr.Vijayasethupathy For R1 : M/s.S.Bharathi Government Advocate (crl. side) For R2 : Mr.V. Ragavachari COMMON ORDER These Criminal Original Petition has been filed to quash the FIR in Crime Nos. 133 & 134 of 2019 on the file of the Inspector of Police, Tiruppachethi Police station, Sivagangai District. 2.The cases are 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. The Joint Memo of Compromise have been filed before this Court, which have been signed by the petitioners and the second respondents and also by their respective counsel. The petitioners and the second respondents were also present in person before this Court and they were identified by Mr.R. Jayagajendran, S.I. 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 Reports 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 Nos. 133 & 134 of 2019.
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5.It is represented by the learned counsel for the petitioners that the petitioner have paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of the Anbagam, Madurai and Rs.5000/-(Rupees Five Thousand Only) as costs to the Credit of M.S. Chellamuthu Trust and Research Foundation, K.K. Nagar, Madurai and filed the original cash receipts along with this memo on 17.12.2019. The said submission is placed on record.
6. Accordingly, these Criminal Original Petitions are allowed and as a sequel, the proceedings in Crime Nos. 133 & 134 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(Crl Side) // True Copy // Sub Assistant Registrar(CS) ksa ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.
To
1. Inspector of Police, 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to
1. The Officer Incharge, M.S. Chellamuthu Trust and Research Foundation, K.K. Nagar, Madurai.
2. The Officer Incharge, Anbagam, Madurai.
+2 CC to M/s.V.RAGAVACHARI, Advocate ( SR-105743[F] dated 18/12/2019 Common Order made in Crl.O.P.(MD).Nos. 18911 & 18912 of 2019 17.12.2019 sgs(CO) TR(18.12.2019)3P 7C 3/3