Madras High Court
Lakshmanan vs State Through on 20 December, 2018
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.12.2018
CORAM:
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.[MD]No.22290 of 2018
1.Lakshmanan
2.Sornam
3.Poolpandi
4.Subramanian
5.Manikaraja : Petitioners
Vs.
1.State through
The Deputy Superintendent of Police,
Srivaikundam, Thoothukudi District.
2.The Inspector of Police,
Seidunganallur Police Station,
Thoothukudi District
(In Crime No.153 of 2018)
3.Murugan
4.Murganantham : Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of
Cr.P.C., to accept the petitioners' compromise memo and to call for
the records pertaining to the First Information Report in Crime No.
153 of 2018 on the file of the first respondent and quash the same.
http://www.judis.nic.in
2
For Petitioners : Mr.K.Jegan
For R1 & R2 : Mr.R.Anandharaj
Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.153 of 2018 pending on the file of the respondent police for an alleged offences under Sections 147, 294(b), 323, 379(NP) IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Amendment Act 2015.
2.The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. The learned counsel appearing for the petitioners would submit that the petitioners have compromised the issue due to intervention of the elders and well-wishers in the village.
3.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the respondent Nos.3 & 4 and also by their respective counsel. In order to identify the respective parties they have also produced the http://www.judis.nic.in 3 copy of the Aadhaar Card, which is made part of the record. 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, 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.153 of 2018.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.153 of 2018 pending on the file of respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,000/- as costs, by way of a crossed Cheque or by means of Demand Draft in favour of the “Chief Minister's Public Relief Fund” and hand it over to the Registrar (Judicial) of the Madurai Bench of Madras High Court, Madurai, within a period of one week from the date of receipt of a http://www.judis.nic.in 4 A.D.JAGADISH CHANDIRA, J., gns copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
20.12.2018 Index: Yes/No Internet: Yes/No gns To
1.The Deputy Superintendent of Police, Srivaikundam, Thoothukudi District.
2.The Inspector of Police, Seidunganallur Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.[MD]No.22290 of 2018 http://www.judis.nic.in