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Madras High CourtCRL OP/26994/2022allowed

Jaikumar v. State Rep By

2022-11-07Honourable Ms Justice R.N.Manjula6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM

THE HONOURABLE MS.JUSTICE R.N.MANJULA Crl.O.P.No.26994 of 2022 and Crl.M.P.No.16571 of 2022 Jaikumar ... Petitioner /vs/ 1.The State rep. by its Inspector of Police, Karumalaikoodal Police Station, Salem District.

(Crime No.125 of 2022) 2.Sathesh ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.125 of 2022 on the file of the Inspector of Police, Karumalaikoodal Police Station, Salem District and quash the same.

For Petitioner ... Mr.M.Senthil Kumar For Respondents ... Mr.E.Raj Thilak, Addl. Public Prosecutor for R1 Party-in-person for R2

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.125 of 2022 on the file of the Inspector of Police, Karumalaikoodal Police Station, Salem District and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

3. The petitioner is the sole accused in the above said case and the second respondent is the defacto complainant. The second respondent / defacto complainant has given a complaint by stating that he availed a loan of Rs.5,00,000/- on 25.01.2017, Rs.33,00,000/- during the year 2019 and Rs.15,00,000/- during the year 2020. Making altogether, the defacto complainant got a sum of Rs.53,00,000/- as loan from the petitioner / accused. The grievance of the defacto complainant is that the petitioner had fixed an exorbitant interest on the above said loan. The petitioner had harassed the second respondent by demanding Rs.90,00,000/-. The defacto

complainant has stated that he has paid Rs.50,00,000/- out of the loan amount availed by him, despite he was pressurized to pay double the sum of the loan by charging exorbitant interest.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that the matter has been amicably settled between the parties and they have executed a joint memo of compromise and hence the proceedings pending in FIR No.125 of 2022 may be quashed.

5. The petitioner and the defacto complainant had entered into a compromise and settled the issue between themselves. In view of the same, the second respondent had signed the joint memo by stating that the further proceedings against the petitioner can be dropped. The joint memo of compromise to this effect has been filed before this Court.

6. Today when the matter was called, the petitioner and the second respondent were present before this Court and agreed that they had settled

the dispute. Both the petitioner and the second respondent affixed their signature in the terms of compromise. The petitioner and the second respondent / defacto complainant were identified by Mr.Sugumar, Inspector of Police, Karumalaikoodal Police Station through Whatsapp Call at about 1.50 p.m. In order to identify the respective parties, they have also produced the copies of the Aadhaar Cards. The terms of compromise were read over to the petitioner and the second respondent. They accepted it to be true and stated that it has been entered between themselves without any coercion or influence.

7. The case has arisen out of money transaction between the petitioner and the second respondent. The petitioner and the second respondent entered into a settlement in order to purchase peace.

8. Under such circumstances, no useful purpose will be served in keeping the proceedings pending. Therefore, 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 power under Section 482 Cr.P.C. prefers to quash the proceedings in Crime No.125 of 2022, on the file of the 1st respondent.

9. In the result, this Criminal Original Petition is allowed and as a sequel, the further proceedings in Crime No.125 of 2022 on the file of the 1st respondent, is quashed due to compromise. Consequently, connected miscellaneous petition is closed. The Joint Compromise Memo shall form part of this Order.

Index: Yes/No 07.11.2022 Internet: Yes/No gsk To 1.The Inspector of Police, Karumalaikoodal Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

R.N.MANJULA ,J.

gsk Crl.O.P.No.26994 of 2022 and Crl.M.P.No.16571 of 2022 07.11.2022