Samiyappan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA Crl.O.P.(MD).Nos. 19657 & 19660 of 2019
1. Samiyappan
2. Karthick
3. Chandrasekaran
4. Balakrishnan
5. Pandian
6. Veerappan
7. Saravanan
8. Raja @ Rajendran
9. Lakshmanan
10. Duraisamy
11. Raja
12. Krishnasamy
13. Suresh
14. Murugesan
15. Silambarasan
16. Karthick
17. Mani @ Manirathinam
18. Palanichamy
19. Kanthasamy
...Petitioners/A1 to A19 in both Crl.O.Ps.
Vs.
State Represented by the Inspector of Police, Gujiliamparai Police Station, Dindigul District.
(In Crime Nos. 110 & 111 of 2018) ...R-1/Complainant in both Crl.O.Ps.
Selvam ... R-2/Defacto complainant in Manonmani ... R-2/Defacto complainant in Crl.O.P(MD) No.19660 of 2019 COMMON PRAYER: These Criminal Original Petitions have been filed under Section 482 of Criminal Procedure Code, to call for the records in the Crime No. 110 & 111 of 2018 on the file of the 1/3
first respondent Police and quash the same.
For Petitioners : Mr.J.Lawrance For R1 : Mr.S.Bharathi Government Advocate (crl. side) For R2 in both OP's: Mr.N. Mariappan COMMON ORDER These Criminal Original Petitions have been filed to quash the FIR in Crime Nos.110 & 111 of 2018 on the file of the first respondent Police.
2.These 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 the police officials. 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. 110 & 111 of 2018.
5. It is represented by the learned counsel for the petitioners that the petitioners 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 07.01.2020. The said submission is placed on record.
6. Accordingly, these Criminal Original Petitions are allowed and as a sequel, the proceedings in Crime Nos. 110 & 111 of 2018, on the file of the first respondent police, is quashed 2/3
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) Encl:Xerox copy of joint compromise memo ksa To
1. Inspector of Police, Gujiliamparai Police Station, Dindigul District.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+2 CC to Mr.J.LAWRENCE, Advocate ( SR-504,505[F] dated 07/01/2020 ) Common Order made in Crl.O.P.(MD).Nos. 19657 & 19660 of 2019 07.01.2020 KM/(29.01.2020) 3P 5C 3/3