Madras High CourtCRL OP(MD)/19237/2019allowed

A. Utchimahali v. The Inspector Of Police

2020-01-06Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.[MD].No.19237 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.19237 of 2019 1.Utchimahali 2.A.Thangavel 3.M.Gandhiraman : Petitioners Vs.

1.The State Rep. by The Inspector of Police, Ambasamudram Police Station Tirunelveli District (Crime No.360 of 2019) 2.P.Arumugam : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and quash the FIR in Crime No. 360 of 2019 dated 02.11.2019 on the file of the first respondent police. For Petitioners : Mr.N.Vignesh For R-1 : Mr.S.Chandrasekar Additional Public Prosecutor For R-2 : Mr.V.S.Kishok Kumar

ORDER

The Criminal Original Petition has been filed to quash the First Information Report in Crime No. 360 of 2019, on the file of the respondent police, for the offences punishable under Sections 294(b), 352 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 petitioner 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.G.Sankarasubramani, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.[MD].No.19237 of 2019 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. 360 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 M.S.Chellamuthu Trust and Research Foundation and filed the original cash receipt along with this memo on 06.01.2020. The said submission is placed on record. 6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.

360 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 // / /2020 Sub Assistant Registrar(CS ) Aav Encl.: Xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, Ambasamudram Police Station Tirunelveli District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.N.VIGNESH, Advocate ( SR-348[F] dated 06/01/2020 ) Crl.O.P.[MD].No.19237 of 2019 06.01.2020 MK (21.01.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2