Muthuvijayan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2021 CORAM :
THE HONOURABLE Mr. JUSTICE G.ILANGOVAN 1.Muthuvijayan 2.Vinayagamoorthi 3.Desinguraja 4.Rajalakshmi ... Petitioners/Accused Nos.1 to 4 Vs.
1.The State through, The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.
(Crime No.148 of 2020) ... 1st Respondent/Complainant 2.Muthuraj ... 2nd Respondent/Informant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of FIR No.148 of 2020, dated 11.11.2020 on the file of the 1st Respondent A.Mukkulam Police Station, Virudhunagar District, and quash the same on the basis of the compromise entered between us and the 2nd Respondent. For Petitioners : Mr.R.Murugappan For R1 : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) For R2 : Mr.P.Jeyapal
ORDER
This Criminal Original Petitions has been filed to quash the FIR No.148 of 2020, on the file of the 1st Respondent A.Mukkulam Police Station, Virudhunagar District, dated 11.11.2020. 2.Enquiry as well as the verification of birth certificate of Desinguraja/ third petitioner herein shows that on the date of occurrence, he was minor and so, his name was deleted from the joint compromise memo.
3.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.148 of 2020 for the offences punishable under Sections 294(b), 324 and 326 of Indian Penal Code, against the petitioners. 1/3
4.The further contention of the petitioners is that they compromised the issue with 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.
5.The petitioners and the second respondent appeared through video conference from the office of the learned Government Advocate (Criminal side) 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.T.Augusteen Paul Raj, Special Sub-Inspector of Police, A.Mukkulam Police Station, Virudhunagar District. Both the parties were enquired by me and they accepted the terms of compromise. Hence, the Compromise Memo is recorded.
6.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 03.02.2021, 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.148 of 2020 pending on the file of the Inspector of Police, A.Mukkulam Police Station, Virudhunagar District, is quashed and the compromise memo is recorded.
7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.148 of 2020 pending on the file of the Inspector of Police, A.Mukkulam Police Station, Virudhunagar 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 (CS-II) // 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.
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To Encl. Joint Compromise Memo.
1.The Inspector of Police, A.Mukkulam Police Station, Virudhunagar District.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
05.08.2021 RK (12.08.2021) 3P 3C 3/3