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Madras High CourtCRL OP(MD)/2600/2022allowed

Bala @ Vidhu Bala v. The Inspector Of Police

2022-02-11Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.2600 of 2022

1. Bala @ Vidhu Bala

2. Bala Muthuraja

...Petitioners/Accused No.1 & 2

Vs.

1.State rep. by The Sub Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District

...Respondent No.1/Complainant

2. Muthulingam

...Respondent No.2/

Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the FIR in Crime No.370 of 2020 on the file of the Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District and quash the same.

For Petitioners : Mr.V.Sasikumar For R-1 : Mr.B.Thanga Aravind Government Advocate(Crl.Side) For R-2 : Mr.S.Sankar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.370 of 2020 on the file of the Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District, for an alleged offences under Sections 294(b),427 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 petitioners and the second respondent and also by their respective counsel.

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

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.370 of 2020 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.370 of 2020, on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) aav Encl: Photocopy Of Compromise Memo Attached.

To 1 The Sub Inspector of Police, Thirukkurungudi Police Station, Tirunelveli District 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.SASI KUMAR, Advocate ( SR-6155[F] dated 15/02/2022 ) Crl.O.P.(MD).No.2600 of 2022 11.02.2022 MGJ(25.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/