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Madras High CourtCRL OP(MD)/2362/2021dismissed

Senrayan@Asai v. The Inspector Of Police

2022-04-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD) No.2362 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD) No.2362 of 2021 1.Senrayan @ Asai 2.Mannan

...Petitioners/

Accused Nos.1 & 2 Vs.

1.The State represented by The Inspector of Police, Batlagundu Police Station, Dindugal District.

(Crime No.1401 of 2020) ...1st Respondent/ Complainant 2.Alagumalai ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C, to call for the entire records in relating to the FIR in Crime No. 1401 of 2020 on the file of the first respondent and quash the same insofar as Petitioners are concerned.

For Petitioners : Mr.A.Karthick Kumar For Respondent : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor For Respondent No.2 : Mr.P.Suresh Kumar

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No. 1401 of 2020 on the file of the first respondent.

2. The case is under investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise has been filed before this Court which has been signed by the petitioners and the second respondent and also by their respective counsel.

4. Under such circumstances, no useful purpose will be served in keeping the FIR in Crime No. 1401 of 2020 pending on the file of the first respondent, even though, the offences involved are not https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.2362 of 2021 compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the FIR in Crime No.1401 of 2020.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No. 1401 of 2020 pending on the file of the first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 20.05.2022 and produce the receipt before the respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar (CO) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) mga Enclose copy of Joint Compromise memo.

To 1.The Inspector of Police, Batlagundu Police Station, Dindugal District.

2.The Joint Secretary to Governemnt, CMPRF(Finance Department), Secretariat, Chennai-9.

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

Crl.O.P.(MD) No.2362 of 2021 27.04.2022 RK(04/05/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2