Ebinezer @ Abinezer v. The Inspector Of Police

Crl.O.P(MD)No.2544 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.K.

ILANTHIRAIYAN Crl.O.P(MD)No.2544 of 2022 and Crl.M.P(MD)No.1212 of 2022 Ebinezar @ Abinezer

...Petitioner/

Single Accused Vs.

1.The State through The Inspector of Police, Thirumangalam Town Police Station, Madurai District.

... Respondent/ (Crime No.522 of 2021) Complainant 2.P.Soundharapandi

...Respondent/

Defacto Complainant Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in Crime No.522/2021 under Sections 294(b), 324 and 506(ii) IPC pending investigation on the file of the first respondent police and quash the same.

For Petitioner : Mr.K.Anna For R1 : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl.Side) For R2 : Mr.T.Kanagarajan

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Crime No. 522 of 2021, on the file of the first respondent police, for an alleged offences under Sections 294(b) 324 and 506(ii) of IPC.

2.The case is still at the stage of 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 have been signed by the petitioner and the second respondent and also by their respective counsel.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.2544 of 2022 4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending before the respondent police. 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 First Information Report in Crime No.522 of 2021 pending on the file of the first respondent police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.522 of 2021, on the file of the first respondent police, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Enclosed herewith Copy of the Joint Compromise Memo 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, Thirumangalam Town Police Station, Madurai District.

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

Crl.O.P(MD)No.2544 of 2022 07.02.2022 RD(23.02.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2