Aravinth v. The Inspector Of Police

Crl.O.P(MD)No.2378 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.2378 of 2021 1.Aravinth 2.Pratheep @ Alagar 3.Ravi 4.Surya

...Petitioners/Accused No 1 to 4

Vs.

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

(Crime No.1505 of 2020) ...1st Respondent/Complainant

2. Goutham ...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.1505 of 2020 on the file of the first respondent police and quash the same.

For Petitioners : Mr.P.Suresh Kumar For Respondents : Mr.R.M.Anbunithi No.1 Additional Public Prosecutor (Crl.Side) For R2 : Mr.A.Karthick Kumar

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No. 1505 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.1505 of 2020 pending on the file of the first respondent, even though, the offences involved are not 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.1505 of 2020.

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Crl.O.P(MD)No.2378 of 2021

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.1505 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) To 1.The Inspector of Police, Batlagundu Police Station, Dindugal District.

Copy to 1.The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai

2. The Joint Secretary to Government Chief Minister Public Relief Fund, Secretariat, Chennai-9 Crl.O.P.(MD) No.2378 of 2021 27.04.2022 NSN(CO) KB(04.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2