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Madras High CourtCRL OP(MD)/827/2021allowed

Kaliraj v. The Inspector Of Police

2021-01-29Honourable Mrs Justice R. Hemalatha2 pages

Crl.OP(MD)No.827 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA Crl.OP(MD)No.827 of 2021 1.Kaliraj 2.Dhanalakshmi ... Petitioners vs.

1.The Inspector of Police, K.Pudur Police Station, Madurai City, Madurai.

(Crime No.2544 of 2020) 2.Naveenkumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to call for the records in Crime No.2544 of 2020 pending on the file of the respondent police and quash the same as illegal.

For Petitioners :Mr.K.Jagadeesan For R1 :Mr.A.Robinson, Government Advocate (Criminal Side)

O R D E R

This petition has been filed seeking to quash the First Information Report in Crime No.2544 of 2020 of K.Pudur Police Station, Madurai City, Madurai on the basis of a joint compromise memo filed by the petitioners and the second respondent. 2.The contention of the petitioners and the second respondent is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.2544 of 2020 for the offences punishable under Sections 454, 448, 427 and 380 of Indian Penal Code, against the petitioners.

3.The further contention of the petitioners is that they want to compromise the issue between them and the second respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the second respondent and also by their respective counsels.

4.The petitioners and the second respondent appeared in person before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Criminal side) and Mr.V.Siva https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.827 of 2021 Subramanian, Special Sub-Inspector of Police, E1 Pudhur Police Station, Madurai. Both the parties to compromise were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.

5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioners and also in view of the joint compromise memo, dated 18.01.2021, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Hence, all further proceedings in Crime No.2544 of 2020 pending on the file of the Inspector of Police, K.Pudur Police Station, Madurai City, Madurai, is quashed. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.2544 of 2020, pending on the file of the Inspector of Police, K.Pudur Police Station, Madurai City, Madurai, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo MBI Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Inspector of Police, K.Pudur Police Station, Madurai City, Madurai.

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

+1 CC to Mr.K.JAGADEESAN, Advocate ( SR-2964[F] dated 02/02/2021 ) Crl.OP(MD)No.827 of 2021 29.01.2021 KM (08.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2