Madras High Court
K.P.Kuppusamy vs State Rep By on 1 October, 2020
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.OP.No.20747 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.Nos.20747 and 32084 of 2019 & 5144, 5551 and 5610 of 2020
& Crl.M.P.Nos.10679 and 17612 of 2019,
2944, 3128, 3129 and 3166 of 2020
1.K.P.Kuppusamy
2.Dr.K.Raju
3.K.Jayaraman
4.Dr.R.Selvi ... Petitioners in
Crl.O.P.No.20747 of 2019
1.Dr.K.Raju
2.K.Jayaraman
3.Dr.R.Selvi ... Petitioners in
Crl.O.P.No.32084 of 2019
1.S.Palaniappan
2.Dr.K.Raju ... Petitioners in
Crl.O.P.No.5144 of 2020
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Crl.OP.No.20747 of 2019
1.S.Palaniappan
2.P.Senthilkumar
3.M.Vetrivel ... Petitioners in
Crl.O.P.No.5551 of 2020
1.S.Palaniappan
2.P.Senthilkumar ... Petitioners in
Crl.O.P.No.5610 of 2020
Vs.
1.State Rep by
The Inspector of Police
Pappireddipatti Police Station
Dharmapuri District.
(Crime No.356/2019)
2.S.Akila ...Respondents in
Crl.O.P.No.5144 of 2020
T.Deepan ...Respondent in
Crl.O.P.Nos.20747 of 2019
and 5551 of 2020
1.State Rep by
The Inspector of Police
Pappireddipatti Police Station
Dharmapuri District.
(Crime No.318/2019)
2.T.Deepan ...Respondents in
Crl.O.P.Nos.32084 of 2019
and 5610 of 2020
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Crl.OP.No.20747 of 2019
PRAYER in Crl.O.P.No.20747 of 2019: Criminal Original Petition filed
under Section 482 of Cr.P.C, praying to call for the records in C.C.No.66
of 2019, on the file of the Judicial Magistrate, Pappireddipatti and quash
the complaint.
PRAYER in Crl.O.P.No.32084 of 2019: Criminal Original Petition filed
under Section 482 of Cr.P.C, praying to call for the records in Crime
No. 318 of 2019 on the file of the 1st respondent and quash the first
Information Report.
PRAYER in Crl.O.P.No.5144 of 2020: Criminal Original Petition filed
under Section 482 of Cr.P.C, praying to call for the records in Crime
No.356 of 2019 on the file of the 1st respondent and quash the first
Information Report.
PRAYER in Crl.O.P.No.5551 of 2020: Criminal Original Petition filed
under Section 482 of Cr.P.C, praying to call for the records in C.C.No.66
of 2019, on the file of the Judicial Magistrate, Pappireddipatti and quash
the complaint.
PRAYER in Crl.O.P.No.5610 of 2020: Criminal Original Petition filed
under Section 482 of Cr.P.C, praying to call for the records in Crime
No. 318 of 2019 on the file of the 1st respondent and quash the first
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Crl.OP.No.20747 of 2019
Information Report.
For Petitioners : Mr.G.Arul Murugan
in all Crl.O.P;s.
For Respondent : Mr.S.Karthikeyan
Additional Public Prosecutor for R1
in Crl.O.P.Nos.20747 and 32084 of
2019, 5144 and 5610 of 2020
ORDER
These Criminal Original Petitions have been filed to quash the F.I.Rs in Crime Nos.318 and 356 of 2019 as well as the C.C.No.66 of 2019.
2.Some of the cases are still in the stage of investigation and other case is in trial. By passage of time, the parties have decided to bury their hatchet and compromised the dispute amicably among themselves.
3.A Joint Memo of Compromise for all the Criminal Original Petitions have been filed before this Court which have been signed by both the parties. All the parties are present and identified by their 4/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 respective counsel and the Police. This Court also enquired both the parties through video conference and was satisfied that the parties have come to an amicable settlement between themselves. Relevant portion of the Joint Memo of Compromise are extracted hereunder:
"JOINT MEMO OF COMPROMISE in Crl.O.P.No.20747 of 2019
1. The Petitioners humbly submit that the respondent herein has preferred a private complaint as against them for offences under Section 147, 148, 294(b), 323, 341, 447, 427, 457, 354, 464, 465, 468, 120 (b) r/w 109 of IPC, on the file of Hon’ble Judicial Magistrate, Pappireddipatti and the same has been taken on file in CC No. 66 of 2019.
2. It is respectfully submitted that the petitioners and the 2nd respondent has amicably compromised the issue between themselves and they have settled the civil disputes and they are compounding the offences.
3. It is respectfully submitted that the 2nd respondent has no objection in allowing the above petition by 5/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 quashing the complaint in CC No. 66 of 2019, on the file of the Judicial Magistrate, Pappireddipatti.
4. Therefore it is humbly prayed that this Hon’ble Court may be pleased to record the joint memo of compromise allowing the parties to compound the offence and quash the complaint in CC No. 66 of 2019, on the file of the Judicial Magistrate, Pappireddipatti and thus render Justice.
JOINT MEMO OF COMPROMISE in Crl.O.P.No.32084 of 2019
1. The petitioners humbly submit that they have been falsely implicated in a case under Sections 120(b), 447 & 506 (ii) of IPC of Indian Penal Code in Crime No. 318 of 2019.
2. It is respectfully submitted that the petitioners and the 2nd respondent has amicably compromised the issue between themselves and they have settled the civil disputes and they are compounding the offences.
3. It is respectfully submitted that the 2nd respondent 6/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 has no objection in allowing the above petition by quashing the FIR in Crime No. 318 of 2019, on the file of the Pappireddipatti Police Station, Dharmapuri District.
4. Therefore it is humbly prayed that this Hon’ble Court may be pleased to record the joint memo of compromise allowing the parties to compound the offence and quash the FIR in Crime No. 318 of 2019, on the file of the Pappireddipatti Police Station, Dharmapuri District and thus render Justice.
JOINT MEMO OF COMPROMISEin Crl.O.P.No.5144 of 2020
1. The petitioners humbly submit that they have been falsely implicated in a case under Sections 447, 294(b), 506 (i) of IPC of Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002, in Crime No. 356 of 2019.
2. It is respectfully submitted that the petitioners and the 2nd respondent has amicably compromised the issue 7/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 between themselves and they have settled the civil disputes and they are compounding the offences.
3. It is respectfully submitted that the 2nd respondent has no objection in allowing the above petition by quashing the FIR in Crime No. 356 of 2019, on the file of the Pappireddipatti Police Station, Dharmapuri District.
4. Therefore it is humbly prayed that this Hon’ble Court may be pleased to record the joint memo of compromise allowing the parties to compound the offence and quash the FIR in Crime No. 356 of 2019, on the file of the Pappireddipatti Police Station, Dharmapuri District and thus render Justice.
JOINT MEMO OF COMPROMISEin Crl.O.P.No.5551 of 2020
1. The Petitioners humbly submit that the respondent herein has preferred a private complaint as against them for offences under Section 147, 148, 294(b), 323, 341, 447, 427, 457, 354, 464, 465, 468, 120 (b) r/w 109 of IPC, on the file of Hon’ble Judicial Magistrate, 8/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 Pappireddipatti and the same has been taken on file in CC No. 66 of 2019.
2. It is respectfully submitted that the petitioners and the 2nd respondent has amicably compromised the issue between themselves and they have settled the civil disputes and they are compounding the offences.
3. It is respectfully submitted that the 2nd respondent has no objection in allowing the above petition by quashing the complaint in CC No. 66 of 2019, on the file of the Judicial Magistrate, Pappireddipatti.
4. Therefore it is humbly prayed that this Hon’ble Court may be pleased to record the joint memo of compromise allowing the parties to compound the offence and quash the complaint in CC No. 66 of 2019, on the file of the Judicial Magistrate, Pappireddipatti and thus render Justice.
JOINT MEMO OF COMPROMISE in Crl.O.P.No.5610 of 2020
1. The petitioners humbly submit that they have been 9/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 falsely implicated in a case under Sections 120(b), 447 & 506 (ii) of IPC of Indian Penal Code in Crime No. 318 of 2019.
2. It is respectfully submitted that the petitioners and the 2nd respondent has amicably compromised the issue between themselves and they have settled the civil disputes and they are compounding the offences.
3. It is respectfully submitted that the 2nd respondent has no objection in allowing the above petition by quashing the FIR in Crime No. 318 of 2019, on the file of the Pappireddipatti Police Station, Dharmapuri District.
4. Therefore it is humbly prayed that this Hon’ble Court may be pleased to record the joint memo of compromise allowing the parties to compound the offence and quash the FIR in Crime No. 318 of 2019, on the file of the Pappireddipatti Police Station, Dharmapuri District and thus render Justice.
4.Under such circumstances, no useful purpose will be served in keeping the First Information Reports pending, even though, the offences 10/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 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.280 of 2018.
5.These Criminal Original Petitions stand allowed and as a sequel, the proceedings in Crime Nos.318 and 356 of 2019 on the file of the Inspector of Police, Pappireddipatti Police Station, Dharmapuri District and C.C.No.66 of 2019, on the file of the Judicial Magistrate, Pappireddipatti, are quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.10,000/-, as costs, to the Chief Justice Relief Fund, High Court of Madras, 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. Consequently connected miscellaneous petitions are closed.
Jer 01.10.2020 11/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 Index:Yes/No Internet: Yes/No To 1.The Judicial Magistrate Pappireddipatti. 2.The Inspector of Police Pappireddipatti Police Station Dharmapuri District. 3.The Public Prosecutor High Court of Madras. 12/13 http://www.judis.nic.in Crl.OP.No.20747 of 2019 G.K.ILANTHIRAIYAN, J. Jer Crl.O.P.Nos.20747 and 32084 of 2019 & 5144, 5551 and 5610 of 2020 01.10.2020 13/13 http://www.judis.nic.in