Madras High CourtCRL OP(MD)/949/2021allowed

Murugan @ Siva Murugan v. The Inspector Of Police

2021-02-02Honourable Mrs Justice R. Hemalatha2 pages

Crl.OP(MD).No.949 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA Crl.OP(MD)No.949 of 2021 1.Murugan @ Sivamurugan 2.Kalaiarasan @ Kalaiyarasan 3.Palani 4.Mani @ Manikandan 5.Muniyasamy @ Muniyasami ... Petitioners vs.

1.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

(Crime No.681 of 2020) 2.Murugesan 3.Muniyasami 4.Senthooran ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure, to call for the records in Crime No.681 of 2020, dated 26.05.2020 on the file of the first respondent and quash the same as against the petitioners.

For Petitioners : Mr.D.Rameshkumar For R1 : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

This petition has been filed seeking to quash the First Information Report in Crime No.681 of 2020 of Karaikudi North Police Station, Sivagangai District, on the basis of a joint compromise memo filed by the petitioners and the respondents 2 to 4. 2.The contention of the petitioners is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.681 of 2020 for the offences punishable under Sections 147, 148, 341, 324, 323 and 506

(2) 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 respondents 2 to 4 amicably. A joint memo of compromise is filed, which has been duly signed by the petitioners and the respondents 2 to 4 and also by their respective counsels.

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

Crl.OP(MD).No.949 of 2021 4.The petitioners and the respondents 2 to 4 appeared in person before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and Mr.T.Boominathan, Sub-Inspector of Police, Karaikudi North Police Station, Sivagangai District. 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 19.01.2021, this Court is of the opinion that no useful purpose would be served by keeping the matter pending.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.681 of 2020 of Karaikudi North Police Station, Sivagangai District, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

ENCL: Xerox Copy of the compromise Memo To 1.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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

Crl.OP(MD)No.949 of 2021 02.02.2021 (PM) KV(02.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2