Muniyandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.(MD).Nos. 19173 & 19177 of 2019

1. Muniyandi

2. Mathiazhan @ Mathiyalagan ..Petitioners/A1 & 2 Vs.

1.State Represented by The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No. 228 of 2018).

2. Ananth @ Anandan ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in FIR in the Crime No.228 of 2018 on the file of the first respondent police and quash the same.

For Petitioners: Mr.D.S.Haroon Rasheed For R1 : Mr.S.Bharathi Government Advocate (crl. side) For R2 : Mr.R.Manikandan Crl.O.P.(MD).No.19177 of 2019

1. Ananth @ Anandan

2. Kajendran @ Gajendran

...Petitioners

Vs.

1.State Represented by The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

(Crime No. 229 of 2018).

2. Muniyandi ... Respondents 1/3

PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records in FIR in the Crime No.229 of 2018 on the file of the first respondent police and quash the same.

For Petitioners: Mr.R.Manikandan For R1 : Mr.S.Bharathi Government Advocate (crl. side) For R2 : Mr. D.S.Haroon Rasheed COMMON ORDER These Criminal Original Petition has been filed to quash the FIR in Crime Nos. 228 & 229 of 2018 on the file of the first respondent police.

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.Manickam, 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. 228 & 229 of 2018.

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 Women Advocates Association, Madurai Bench of Madras High Court, Madurai and Rs.5000/-(Rupees Five Thousand Only) as costs to the Credit of Advocates Clerk's Welfare Association, Madurai Benhc of Madras High Court, Madurai and filed the original cash receipts along with this memo on 19.12.2019. The said submission is placed on record.

6. Accordingly, these Criminal Original Petitions are allowed and as a sequel, the proceedings in Crime Nos. 228 & 229 of 2018, on 2/3

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 // / /2020 Sub Assistant Registrar() ENCL: Xerox copy of compromise memo To

1. The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.

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

Crl.O.P.(MD)Nos. 19173 & 19177 of 2019 19.12.2019 ksa MS/07.01.2020/3P.3C 3/3