Madras High Court
WP/8504/1998 of MANAGEMENT T.N.SPECIAL Vs 1.THE DY.COMMISSIONER on 22 November 2002
BENCH OF MADRAS HIGH COURT %DATED: 07.03.2019 *CORAM THE
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Relief
?BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT%DATED: 07.03.2019*CORAMTHE HONOURABLE MR.JUSTICE N.SESHASAYEE+Crl.O.P.(MD)No.3113 of 2019#1.Thangaraj2.Ponnuthai3.Velusamy4.Vellaisamy5.Jeya @ Jeyalakshmi6.Palaniyammal : Petitioners / Accused No.1 to 6
/Vs./$State through by1.The Inspector of Police,Edayakottai Police StationDindigul District. : 1st Respondent / Complainant[Cr.No.98 of 2018]2.Veerammal : 2nd Respondent / De factoComplainant3.Balan @ Balasubramanian : 3rd Respondent / Injured PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. tocall for the records pertaining to Crime No.98 of 2018 on the file of the 1strespondent and quash the same.
!For Petitioners : Mr.P.Chellapandian^For R~1 : Mr.V.NeelakandenAdditional Public Prosecutor For R~2 & R~3 : Mr.P.Manianandh
:ORDER
The Criminal Original Petition has been filed to quash the FIR in CrimeNo.98 of 2018 on the file of the 1st respondent, for alleged offences underSections 147, 447, 323 and 506(i) IPC. The offences are private in nature.
2. The case is still in the stage of investigation. By passage oftime, the parties have decided to bury their hatchet and compromise thedispute amicably among themselves.
3. A Joint Memo of Compromise has been filed before this Court whichhave been signed by the petitioners and the second respondent and also bytheir respective counsel. The petitioners and the second respondent were alsopresent in person before this Court and they were identified byMr.S.Karuppusamy, Special Sub~Inspector of Police, Kannimandhayam PoliceStation, Contact:83000 37027. This Court also enquired both the parties andwas satisfied that the parties have come to an amicable settlement between themselves.
4. Under such circumstances, no useful purpose will be served inkeeping the FIR pending, even though, the offences involved are notcompoundable in nature. In the light of the guidelines given by the Hon-bleSupreme Court reported in 2017 9 SCC 641~(Parbathbhai Aahir @ Parbathbhai Vs.State of Gujrath), this Court in exercise of its jurisdiction under Section482 Cr.P.C. quashes the FIR in Crime No.98 of 2018 on the file of the 1strespondent.
5. This Criminal Original Petition stands allowed and as a sequel, theFIR in Crime No.98 of 2018 on the file of the 1st respondent, is quashed andthe terms of Joint Memo of Compromise shall form part and parcel of thisorder. Each of the petitioners shall pay a sum of Rs.500/~ as costs, to thecredit of the Chief Justice Relief Fund (payable in Accounts Section of theHigh Court Registry, Madurai Bench), within a period of one week from thedate of receipt of a copy of this order and file a photocopy of the receiptalong with a memo reporting compliance in the Registry.
To
1. The Inspector of Police,Edayakottai Police StationDindigul District.
2. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.