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Madras High CourtCRL OP(MD)/659/2022allowed

Velmurugan@Left Murugan v. The Inspector Of Police

2022-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.659 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.659 of 2022 Velmurugan @ Left Murugan

...Petitioner / Sole Accused

Vs.

1. The State represented by The Inspector of Police, Suthamalli Police Station, Tirunelveli District.

(Crime No.303 of 2021) ..Respondent/Complainant

2. E.Sudalimani ..Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to to call for the entire records pertaining to the F.I.R. in Crime No.303 of 2021 pending on the file of the Inspector of Police, Suthamalli Police Station, Tirunlelveli District and quash the same.

For Petitioners : Mr.B.Micheal Sebastin For R-1 : Mr.R.M.Anbunithi Additional Public Prosecutor For R-2 : Mr.A.Venkatesh Kumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.303 of 2021, on the file of the first respondent police.

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. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.659 of 2022 @ 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.303 of 2021 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.303 of 2021, on the file of the first respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before on or before 25.02.2022 and produce the receipt before the 1st respondent, failing which the order shall stand vacated automatically without any further reference to this Court. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS III) ENCL: XEROX COPY OF JOINT MEMO OF COMPROMISE tsg To

1. The Inspector of Police Suthamalli Police Station, Tirunelveli District.

2. The Additional Public Prosecutor Madurai Bench of Madras High Court

3. The District Siddha Medical Officer, CCRI, Periyakulam (in State Bank of India, Periyakulam Branch).

Crl.O.P.(MD) No.659 of 2022 22.02.2022 KS(CO) TR(23.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2