D.Senthil v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN and Crl.M.P(MD)Nos.1723 & 1724 of 2023 D.Senthil ... Petitioner/Accused No.1 Vs.

1.The Inspector of Police, Madukkur Police station, Thanjavur District.

(Crime No. 12/2023) 2.P.Poomikkarasan ... Respondents/Complainants PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the F.I.R in Crime No. 12 of 2023 on the file of the Madukkur Police station, Pattukottai Taluk, Thanjavur District and quash the same is illegal in so far as the petitioner is concerned.

For Petitioners : Mr. K.Mahendran For R1 : Mr.S.Manikandan Government Advocate (Crl. Side) For R2 :Mr.K.Prabu 1/5

ORDER

This petition has been filed seeking to quash the impugned FIR in Crime No.12 of 2023 on the file of the 1st respondent police. 2.The contention of the petitioner is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.12 of 2023 for the offences punishable under Sections 147, 148, 294(b), 323, 352, 367, 392, 506(ii) of IPC against the petitioner. It is a case in counter case. 3.The further contention of the petitioner is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioner and the 2nd respondent and also by their respective counsels. 4.The petitioner and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Government Advocate (Crl. side) and the Investigation Officer. Both the parties were enquired by me and they 2/5

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 petitioner and also in view of the joint compromise memo, dated 31.01.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in Crime No.12 of 2023 pending on the file of the 1st respondent police in respect of this petitioner. 6.In the result, the Criminal Original Petition stands allowed and the entire proceedings in Crime No.12 of 2023, pending on the file of the 1st respondent police is hereby quashed in respect of the petitioner. The compromise memo is recorded and the terms of joint compromise memo shall form part of this order. Consequently, connected miscellaneous petitions are closed.

16.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No TM 3/5

To 1.The Inspector of Police, Madukkur Police station, Thanjavur District.

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

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G.ILANGOVAN,J.

TM Order made in Dated: 16.03.2023 5/5