Madras High CourtCRL OP(MD)/1487/2021allowed

Ramu v. The Inspector Of Police

2021-02-08Honourable Mrs Justice R. Hemalatha3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA 1.Ramu 2.Mottaiyan 3.Irulayi @ Erulaye 4.Muthuirulayi @ Muthuiralye 5.Jothi @ Vijayaramu 6.Mari @ Marimuthu 7.Irulandi @ Erulandi, S/o.Muthusamy 8.Irulandi @ Erulandi, S/o.Nagu ... Petitioners/Accused No.1 to 7 and 9 vs.

1.State Represented by, The Inspector of Police, Thiruchuzhi Police Station, Virudhunagar District.

2.The Sub-Inspector of Police, Keelaparalachi Police Station, Virudhunagar District.

Crime No.33 of 2019. ... Respondents 1 & 2/Complainants 3.Manikandan ... 3rd Respondent/De-facto Complainant 4.Muthuramalingam 5.Muthuirulandi 6.Munishwari ... 4 to 6 Respondents/Victims PRAYER: Criminal Original Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to the impugned F.I.R in Crime No.33 of 2019, dated 20.03.2019 pending on the file of the second respondent police and quash the same. For Petitioners: Mr.A.Ananda Raj For R1 and R2 : Mr.R.Erottuchamy, Government Advocate (Criminal Side) For R3 to R6 : Mr.R.Shankar Ganesh

O R D E R

This petition has been filed seeking to quash the First Information Report in Crime No.33 of 2019 of Keelaparalachi Police Station, Virudhunagar District on the basis of a joint compromise memo filed by the petitioners and the respondents 3 to 6. 1/3

2.The contention of the petitioners is that based on the complaint lodged by the third respondent, the first respondent registered First Information Report in Crime No.33 of 2019 for the offences punishable under Sections 147, 148, 355, 294(b), 323, 324, 506(2) and 307 of Indian Penal Code and Section 4 of Tamil Nadu Prohibition of Harassment of Woman Act 2002, against the petitioners.

3.The further contention of the petitioners is that they want to compromise the issue between them and the respondents 3 to 6 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the respondents 3 to 6 and also by their respective counsels.

4.The petitioners and the respondents 3 to 6 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.S.Velmurugan, HC 1973, Keelaparalachi Police Station, Keelaparalachi Police Station, Thiruchuli Circle, Virudhunagar 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 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.

33 of 2019 pending on the file of the Sub-Inspector of Police, Keelaparalachi Police Station, Virudhunagar District, is quashed. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.33 of 2019, pending on the file of the Sub-Inspector of Police, Keelaparalachi Police Station, Virudhunagar 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 (RTI Act) // True Copy // / /2021 Sub Assistant Registrar(CS) Encl: Xerox Copy of the Joint Compromise Memo. 2/3

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, Thiruchuzhi Police Station, Virudhunagar District.

2.The Sub-Inspector of Police, Keelaparalachi Police Station, Virudhunagar District.

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

+1 CC to M/s.A.ANANDA RAJ, Advocate ( SR-3871[F] dated 08/02/2021 ) 08.02.2021 KMV (CO) NR (08/02/2021) 3P : 5C 3/3