Madras High CourtCRL OP(MD)/12717/2015allowed

Mariappan v. The Inspector Of Police

2015-07-10Honourable Mr Justice M.M.Sundresh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Crl.O.P.(MD)No.12717 of 2015 1.Mariappan 2.Rajalakshmi ... Petitioners/A1 and A2 Vs.

1.State represented by the Inspector of Police, Manachanallur Police Station, Trichy District.

(Crime No.118 of 2010) ... Respondent/Complainant 2.S.Kamaraj ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to the FIR in Crime No. 118 of 2010 on the file of the first respondent police and quash the same as illegal.

For Petitioners : Mariappan (Party in Person) For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.side) For R2 : No appearance

O R D E R

This Criminal Original petition has been filed under Section 482 of Cr.P.C seeking to quash the First Information Report pertaining to the case in Crime No. 118 of 2010 on the file of the first respondent police.

2.Heard the learned Government Advocate (Crl.side) appearing for the State. The petitioners and the second respondent are present before this Court.

3.The petitioners have been arrayed as accused in Crime No.118 of 2010 for the alleged offences under Sections 406, 419, 420, 465, 468, 471 and 506(ii) IPC.

4. A Compromise Memo has been filed by the parties received on 06.07.2015 duly signed by them and attested by the learned counsel. In the compromise memo, a prayer has been made to accept the same and to quash the FIR pending in Crime No.118 of 2010. An https://hcservices.ecourts.gov.in/hcservices/

affidavit has been filed by the first petitioner stating about the compromise memo filed. This Court also put a question to the respondent No.2, who is present before this Court that as to whether he is willing to withdraw the complaint and he answered affirmatively.

5.Considering the submissions made and after going through the relevant documents including the offences alleged against the petitioners, this Court is inclined to quash the proceedings as no useful purpose would be served by keeping the FIR any longer. Accordingly, the First Information Report pertaining to the case in Crime No.118 of 2010 on the file of the first respondent police, is quashed. The compromise memo shall form part of record. This petition is ordered.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar To 1.The Inspector of Police,Manachanallur Police Station,Trichy District.

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

Ses SH:29.07.2015:P2/3C CRL.O.P.No.12717 of 2015 10.07.2015 https://hcservices.ecourts.gov.in/hcservices/