Rajkumar v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH Crl.O.P.No.29618 of 2019 1.Rajkumar

...Petitioner

Vs 1.The Deputy Superintendent of Police, Kangayam Police Station, Tirupur District.

Tamil Nadu- 638701.

2. D.Indhirani

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to quash the FIR in Crime No.274 of 2014 on the file of the first respondent police.

For Petitioner : Mr.K.Mukund Rao For Respondents: Mrs.V.Saratha Devi Government Advocate (Crl.Side) for R1 Mr.M.Nandhakumar for R2

O R D E R

This Criminal Original Petition is filed to quash the FIR in Crime No.274 of 2014 on the file of the first respondent police.

2. It is stated by the learned counsel for the petitioners that pending the criminal complaint against the petitioners herein, the parties have amicably resolved the disputes among themselves and they have also filed an Joint Compromise Memo to that effect dated 11.11.2019.

3. In normal circumstances, this Court will not normally interfere with the investigation and quash the FIR, on the ground that the parties have to be compromised, when the offences are under Section 306 and 304(B) IPC. Now, in the 1/3

instant case, the occurrence took place on 21.06.2014 and though the FIR was registered on the same day, the charge sheet has not been filed, even though more than 5 years have lapsed. It is seen that the deceased Indhirani is one among the two daughters of Subramanian and Visalatchi. Both her parents have expired and the only legal heir, who is the complainant, has come forward with the compromise. In view of the inordinate delay in having the investigation completed and also taking note that the only blood relation of the deceased is the defacto complainant, who has chosen to accept the joint compromise entered between the accused/husband of the deceased, this Court is inclined to have the proceedings quashed, on the peculiar circumstances of this case

4. Both the de-facto complainant and the petitioners are present before this Court today. In order to identify the respective parties, they have also submitted the photo copies of their Aadhar Cards and the same has been made part of the record.

5. Recording the statements made in the Joint Compromise Memo dated 11.11.2019, the proceedings in Cr.No.274 of 2014, pending on the file of the first respondent police herein, is quashed.

6. The Criminal Original Petition stands allowed accordingly.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sbn/vsn To 1.The Deputy Superintendent of Police, Kangayam Police Station, Tirupur District.

Tamil Nadu- 638701.

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2. The Public Prosecutor, High Court of Madras.

+1 cc to Mr.K.Mukund Rao, Advocate sr93294 Crl.O.P.No.29618 of 2019 aa05/12/2019 3/3