Jeya Prabhaharan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN 1.Jeya Prabhakaran 2.Dhanabackiyam ... Petitioners/Accused Nos.1 & 2 Vs.

1.The State Represented by its, The Sub-Inspector of Police, Sellur Police Station, Madurai City.

(Crime No.542 of 2019) ... 1st Respondent/Complainant 2.Pooja Devi ... 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 impugned FIR in Crime No.542 of 2019 on the file of the 1st respondent and quash the same.

For Petitioners : Mr.M.S.Jeyakarthik For R1 : Mr.R.M.Anbunithi, Additional Public Prosecutor.

For R2 : Mr.S.Vidhyasagar

ORDER

This Criminal Original Petitions has been filed to quash the impugned FIR in Crime No.542 of 2019 on the file of the 1st respondent.

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.542 of 2019 for the offences punishable under Sections 294 (b), 324, 109 & 506 (ii) of IPC and Section 4 of TNPWH Act, against the petitioners.

3.The further contention of the petitioners is that they compromised the issue with the respondents 2 & 3 amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the respondents 2 & 3 and also by their respective counsels.

4.The petitioners and the respondents 2 & 3 appeared through video conference along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional 1/3

Public Prosecutor and Mr.K.Murugan, Special Sub-Inspector of Police, Sellur Police Station, Madurai City. 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 25.01.2021, this Court is of the opinion that no useful purpose will be served by keeping the matter pending. Hence, all further proceedings in Crime No.542 of 2019 pending on the file of the Sub Inspector of Police, Sellur Police Station, Madurai City, 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.542 of 2019 pending on the file of the Sub Inspector of Police, Sellur Police Station, Madurai City, is hereby quashed in respect of the petitioners and the terms of joint compromise memo shall form part of this order. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Encl.: xerox copy of Joint Compromise Memo 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 Sub-Inspector of Police, Sellur Police Station, Madurai City.

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

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+1 CC to M/s.M.S.JEYAKARTHICK, Advocate ( SR-23976[F] dated 27/07/2021 ) 26.07.2021 SSS(CO) LR (02.08.2021) 3P 4C 3/3