Murali v. The Inspector Of Police

Crl.O.P.(MD).No.19221 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).No.19221 of 2019

1. Murali

2. Vijay

3. Narasimman @ Sridharan

4. Kesavan

5. Sakthivel

6. Chinnamani

7. Surya

8. Arunkumar

9. Ashok Kumar

10. Appas ..Petitioners Vs.

1. State Rep by its The Inspector of Police, Kallikudi Police Station, Madurai District.

Crime No. 159 of 2015.

2. Mariammal ... Respondents PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the Crime No. 159 of 2015 on the file of the first respondent police and quash the same.

For Petitioners: Mr.M. Prabu For R1 : Mrs.S.Bharathi Government Advocate (crl. side) For R2 : Mr.R. Balakrishnan

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No. 159 of 2015 on the file of the first respondent police as against the petitioners.

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. The Joint Memo of Compromise has 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 respondent were also present in person before this Court and they were identified by Mrs. M. Murugeswari, WHC1635. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.19221 of 2019 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. 159 of 2015 . 5.It is represented by the learned counsel for the petitioners that the petitioners in have paid a sum of Rs.5,000/- (Rupees Five Thousand only) as costs to the Credit of the Madras High Court Madurai Bench Advocates Clerk's Welfare Association and filed the original cash receipt along with this memo on 21.12.2019. The said submission is placed on record.

6. Accordingly, these Criminal Original Petition is allowed and as a sequel, the proceedings in Crime No. 159 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. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Encl: Xerox copy of Memo of Compromise ksa To

1. The Inspector of Police, Kallikudi Police Station, Madurai District.

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

+10 CC's to M/s.M.PRABHU, Advocate ( SR-106279[F] dated 20/12/2019 ) Crl.O.P.(MD).No.19221 of 2019 20.12.2019 sma/21/01/2020/2p/13c https://hcservices.ecourts.gov.in/hcservices/ 2/2