Bench quashed the FIR in Crime No.97 of 2019 under Section 482 CrPC due to a joint compromise memo signed by the petitioner and the second respondent, citing Supreme Court guidelines.
Quashed proceedings in Crime No.97 of 2019; Directed petitioner to pay Rs.5000 to victim within one week.
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Crl.O.P.(MD).No.11609 of 2019
Vignesh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.11609 of 2019
... Petitioner/Accused No.3
Vs.
1.The State represented by The Inspector of Police, Pappanadu Police Station, Thanjavur District. (Crime No.97 of 2019) ... 1st Respondent/Complainant 2.Palanivel ... 2nd Respondent/Defacto Complainant 3.Prathiba ... 3rd Respondent/Victim
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the Records pertaining to the case in Crime No.97 of 2019 pending on the file of the 1st respondent and quash the same as against the petitioner.
For Petitioner : Mr.M.Pitchai Muthu For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 & R-3 : Mr.K.Rajangam
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No. 97 of 2019, on the file of the first respondent police, for an alleged offences under Sections 341, 294 (b), 354, 352 & 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 petitioner and the second respondent were also present in person before this Court and they were identified by Mr.Panner Selvam, SI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
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Crl.O.P.(MD).No.11609 of 2019
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. 97 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. 97 of 2019, on the file of the first respondent police, is quashed and the terms of affidavit of the defacto complainant which shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the victim, 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.
Sd/-
// True Copy //
Sub Assistant Registrar(CS )
Encl.: Xerox Copy of Joint Compromise Memo To
1.The Inspector of Police, Pappanadu Police Station, Thanjavur District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
Crl.O.P.(MD).No.11609 of 2019 20.09.2019
tm
MK (04.10.2019) 2P 6C
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1 issue framed by the court
Whether CrPC Section 482 jurisdiction can be exercised to quash FIR even when offences are non-compoundable based on amicable compromise.
Colour shows how this judgement treated each authority
Parbathbhai Aahir @ Parbathbhai Vs. State of GujrathReferred¶18
2017 9 SCC 641 Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath · Who else cites this
1 provisions across 1 enactments
Vignesh
The State represented by The Inspector of Police, Pappanadu Police Station, Thanjavur District
Palanivel
Prathiba
G.K. ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
