Madras High CourtCRL OP(MD)/2020/2022allowed

P.Ragul v. The Inspector Of Police

2022-02-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.2020 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.2020 of 2022 1.P.Ragul ... Petitioner/Accused No.2 Vs.

1.The Inspector of Police Government Hospital Police Station Trichy District.

(Crime No.234 of 2021) ... 1st Respondent /Complainant 2.Hari Prakash ... 2nd Respondents / Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records in FIR in Crime No.234 of 2021 on the file of the first respondent and insofar as the petitioner /A2 and quash the same.

For Petitioner : Ms.N.Anandakumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) for R.1 For R2 : Mr.S.Ramakrishnan

ORDER

The Criminal Original Petition has been filed to quash the FIR as against the petitioner/Accused No.2 in Crime No.234 of 2021 on the file of the first respondent for the alleged offences under Sections 341, 294(b), 427 and 506(2) IPC.

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 petitioner 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.234 of 2021 pending on the file of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2020 of 2022 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.234 of 2021.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.234 of 2021 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 petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 10.03.2022 and the receipt of payment shall be produced before the first respondent police, failing which the order shall stand dismissed automatically without any further reference to this Court.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) mga ENCL.: XEROX COPY OF 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 Government Hospital Police Station, Trichy District.

2. The District Siddha Medical Officer, CCRI, Periyakulam.

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

Crl.O.P(MD)No.2020 of 2022 25.02.2022 KS(CO) TR(01.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2