The Madurai Bench of Madras High Court quashed the FIR in a non-compoundable offence matter. The Court was satisfied that the parties had reached an amicable settlement through a joint compromise memo and agreed to bury their hatchet.
Quashment of First Information Report in Crime No.202 of 2019 pending on file of First Respondent Police.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2019
CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD).No.10914 of 2019
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and quash the First Information Report in Crime No.202 of 2019 dated 31.05.2019 pending on the file of the first respondent police.
For Petitioners : Mr.M.Pandian For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.B.Sathesh Kumar
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.202 of 2019, on the file of the first respondent police, for an alleged offences under Sections 294(b), 506(ii) of IPC and Section 3 of TNPPDL Act, 1992
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.
https://hcservices.ecourts.gov.in/hcservices/ 3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent
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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.Chockalingam, 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 before the respondent police. 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.202 of 2019 pending on the file of the first respondent police.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.202 of 2019, on the file of the first respondent police, is quashed and the joint compromise memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
Assistant Registrar (Crl.Side) // True Copy //
Sub Assistant Registrar(CS)
Encl: Xerox copy of the Joint Compromise Memo
To
Copy to:
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Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD).No.10914 of 2019 09.09.2019
aav JMN(20.09.2019) 3P : 8C
1 issue framed by the court
Whether the proceedings under Sections 294(b), 506(ii) IPC and section 3 TNPPDL Act can be quashed under Section 482 Cr.P.C. on account of compromise despite offences being non-compoundable.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶15
2017 9 SCC 641 · Who else cites this
1 provisions across 1 enactments
Thiravidamani
Sathish Kumar
Rajkutty
State
Magesh
G.K.ILANTHIRAIYAN
As recorded by the court registry
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