Murugan v. The Inspector Of Police

Crl.OP(MD).No.1164 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. HEMALATHA Crl.OP(MD)No.1164 of 2021 Murugan ... Petitioner/Sole Accused vs.

1.The Inspector of Police, Vaiyampatty Police Station, Vaiyampatty, Trichy District.

(Crime No.859 of 2020) ...1st Respondent/Complainant 2.Rajammal ...2nd Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.859 of 2020 on the file of the first respondent police and quash the same as illegal.

For Petitioner : Mr.K.Karunraj For R1 : Mr.R.Erottuchamy, Government Advocate (Criminal Side) For R2 : Mr.T.Prabhu

O R D E R

This petition has been filed seeking to quash the First Information Report in Crime No.859 of 2020 of Vaiyampatty Police Station, Vaiyampatty, Trichy District on the basis of a joint compromise memo filed by the petitioner and the second respondent. 2.The contention of the petitioner is that based on the complaint lodged by the second respondent, the first respondent registered First Information Report in Crime No.859 of 2020 for the offences punishable under Sections 279 and 337 of Indian Penal Code against the petitioner.

3.The further contention of the petitioner is that he wants 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 petitioner and the second respondent and also by their respective counsels.

4.The petitioner 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.Krishnamoorthy, Sub-Inspector of Police, Vaiyampatty Police Station, Trichy District. Both the parties to compromise were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD).No.1164 of 2021 5.Considering the totality of the circumstances, the nature of the allegations levelled against the petitioner and also in view of the joint compromise memo, dated 21.01.2021, 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.859 of 2020 of Vaiyampatty Police Station, Vaiyampatty, Trichy District, is hereby quashed in respect of the petitioner and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (AS) // 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 Joint Compromise Memo To 1.The Inspector of Police, Vaiyampatty Police Station, Vaiyampatty, Trichy District.

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

Crl.OP(MD)No.1164 of 2021 08.02.2021 SMV(CO) KB(01.03.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2