Madras High CourtCRL OP(MD)/2622/2021allowed

Sivan v. The Inspector Of Police

2021-04-16Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.2622 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN Crl.O.P.(MD)No. 2622 of 2021 1.Sivan 2.Priya @ Muthupriya ... Petitioners/Accused Nos.1 & 2 Vs.

1.The State of Tamilnadu, Rep by its Inspector of Police, Thenkarai Police Station, Theni District.

Crime No.1996 of 2020.

... 1st Respondent/Complainant

2. Nandha @ Nandhakumar ... 2nd Respondent/Defacto Complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.1996 of 2020 on the file of the 1st Respondent Police and quash the same as illegal. For Petitioners : Mr.G.Vishnuram For R1 : Mr.M.V.Chandra Sekar Government Advocate (Crl.Side) For R2 : Me.B.Raja

ORDER

This Criminal Original Petition has been filed to quash Crime No.1996 of 2020 on the file of the 1st Respondent Police. 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.1996 of 2020 for the offences punishable under Sections 294 (b), 342, 324 and 307 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.A.Velmurugan, Special Sub-Inspector of Police, Tenkarai Police Station, Theni 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.O.P.(MD)No.2622 of 2021 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 21.01.2021, 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.1996 of 2020, pending on the file of the Inspector of Police, Thenkarai Police Station, Theni District, is quashed and the compromise memo is recorded.

6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.1996 of 2020, pending on the file of the Inspector of Police, Thenkarai Police Station, Theni 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 (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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, Thenkarai Police Station, Theni District.

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

Crl.O.P.(MD)No. 2622 of 2021 16.04.2021 RK(13.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2